Cozen O’Connor: Zambito, David P.

David P. Zambito

Co-Chair, Utility, Environmental & Energy

Harrisburg

(717) 703-5892

(717) 870-2725

(215) 989-4216

David is co-chair of the firm's Utility, Environmental & Energy Practice Group and focuses his work on regulatory, commercial, and development issues involving utilities. He has dedicated his career to defending private enterprise against governmental overreach.

David practices before state and federal regulatory agencies, representing clients in the energy (natural gas and electricity), water, wastewater, telecommunications, and transportation industries. He is experienced in base rate, certificate of public convenience, purchased gas cost, steam cost, distribution system improvement charge, electric and natural gas supplier licensing, formal complaint, safety investigation, securities registration, management audit, affiliated interest, rulemaking, policy-making, and tariff proceedings before the PA Public Utility Commission. He has successfully handled approvals of mergers and acquisitions of regulated public utilities, including acquisitions by equity funds, and has helped to defend utilities against a hostile takeover attempt. He has also represented clients in disputes between regulated public utilities and municipal authorities, and has assisted developers and large institutional clients (such as universities and health systems) in negotiating utility contracts. 

From 2001 to 2004, David served as counsel to the former chairman of the Pennsylvania Public Utility Commission Glen R. Thomas. Prior to state service, he served three years as a captain in the U.S. Army Judge Advocate General's Corps. While in the Army, he practiced as a courts-martial prosecutor and a special assistant U.S. attorney for the Western District of Kentucky.

David has been designated a Super Lawyers "Rising Star" from 2005 through 2008. In 2005, the Central Penn Business Journal named him one of Central Pennsylvania's "Forty Under 40," and in 2004, The Legal Intelligencer named him a "Lawyer on the Fast Track." In 2002, he was commissioned by Pennsylvania Governor Mark Schweiker as a member of the Pennsylvania Homeland Security Council. In 2008, he served as a member of the Pennsylvania Governor's Sustainable Water Infrastructure Task Force, Legislative/Regulatory Work Group. In 2007 and again in 2011, he was the campaign chairman for the re-election campaigns of York County, Pa., President Commissioner Steve Chronister. In 2007, he served on the York County, Pa., Commissioners' Transition Team.

He is an active participant on the Pennsylvania Public Utility Commission's Procedural Rules Committee and serves as a faculty planner for the Pennsylvania Bar Institute's Public Utility Law Conference. He is a member of the Conewago Township, York County, Pa., Zoning Hearing Board, and a member of the American Legion Post No. 799 in York, Pennsylvania. 

David received his bachelor's degree from Grove City College, graduating magna cum laude. He earned his J.D., from The Dickinson School of Law.  He was a member of the Dickinson Law Review and on the Appellate Moot Court Board. 

Experience

News

Rate Cuts Spare Columbia Water

June 01, 2018

David Zambito is quoted in the Central Penn Business Journal on the Pennsylvania Public Utility Commission’s decision to exclude Columbia Water Co. customers from utility rate cuts.

Pa. Regulators Sizing up Tax-Cut Impact on Utility Rates

January 11, 2018

David Zambito, co-chair of Cozen O’Connor’s Utility, Environmental & Energy Practice Group, discusses the impact that federal tax reform may have on utility rates in the Central Penn Business Journal.

David Zambito Discusses the Distribution System Improvement Charge

November 30, 2015

David Zambito, vice chair of Cozen O’Connor’s Utility, Environmental & Energy group, discusses the Distribution System Improvement Charge (DSIC).

Cozen O’Connor Announces New Office Managing Partner for Harrisburg Office

February 08, 2013

Dave Zambito has been appointed the office managing partner for the firm’s Harrisburg, Pa., office. Mr. Zambito is a member in the Cozen O’Connor’s Business Law Department’s Utility, Environmental & Energy Practice Group.

Publications

Democrat-Controlled PA PUC Touts Trump Tax Savings to Ratepayers, Denies Infrastructure Reinvestment [Utility, Environmental & Energy Alert]

May 18, 2018

David P. Zambito and Jonathan Nase discuss the choice to order 17 Pennsylvania utilities to return more than $320 million to ratepayers.

Duquesne Light Proposes 220 Percent Rate Increase for Backup Service Days Before PA PUC Acts to Promote CHP [Utility, Environmental & Energy Alert]

April 09, 2018

David Zambito and Jonathan Nase discuss Duquesne’s proposed rate increase, which is scheduled to take effect May 29, 2018, and how the PUC proceedings will be one of many cases in which the commission may attempt to implement the new statement of policy to promote CHP.

Pa. PUC Converts Commission-Approved Rates into Temporary Rates in Wake of Tax Act [Utility, Environmental & Energy Alert]

March 19, 2018

Jonathan Nase discusses the Pennsylvania Public Utility Commission' temporary rates order that converted commission-approved rates of most large Pennsylvania public utilities into “temporary rates” for a period of six months in response to the federal Tax Cuts and Jobs Act.

Federal Tax Reform: Major Changes Impacting Public Utilities [Utility, Environmental & Energy Alert]

January 10, 2018

David Zambito, Ira Megdal, Rich Silpe, and Rory Moore discuss the Tax Cuts and Jobs Act and the changes to the taxation of business enterprises that have significant implications for public utilities.

PA PUC Requests Input on Proposal Regarding Fully Projected Future Test Years in Rate Cases [Utility, Environmental & Energy Alert]

January 03, 2018

Jonathan Nase and David Zambito discuss proposed changes to 52 Pa. Code § 53.53, including the addition of Exhibit E.

PA PUC Approves PA-American Water’s Fair Market Value Acquisition of McKeesport Wastewater System [Utility, Environmental & Energy Alert]

October 30, 2017

David P. Zambito and Jonathan P. Nase discuss Pennsylvania-American Water Company’s acquisition of the wastewater system owned by the Municipal Authority of the City of McKeesport.

Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems [Utility, Environmental & Energy Alert]

May 04, 2016

Michael Klein, David Zambito and Troy Sellars discuss Act 12 that revises Chapter 13 of the Pennsylvania Public Utility Code to provide a framework for valuing, for ratemaking purposes, water and wastewater systems that are owned by a municipal corporation or authority and that are to be acquired by another entity that is or will be regulated by the Pennsylvania Public Utility Commission as a public utility.

Commonwealth Court Approves PA PUC’s Implementation of Distribution System Improvement Charge

November 11, 2015

The court upheld a DSIC calculation methodology approved by the Pennsylvania Public Utility Commission that excludes an adjustment to the surcharge for ADIT and allows the utility to account for the full amount of state income taxes, without anticipated deductions, associated with DSIC revenues.

PUC Establishes Gifts and Favors Ban [Energy, Environment & Utilities Alert]

May 29, 2015

The ban generally prohibits PUC employees and their families from accepting any gifts or favors that would influence the manner in which the employees perform their work, make their decisions, or otherwise perform their duties.

Pennsylvania Extends Life and Applicability of Chapter 14 of the Public Utility Code [Utility, Environmental & Energy Alert]

November 18, 2014

On October 22, 2014, Governor Corbett signed Act 155 into law. The Act will go into effect 60 days from the date the governor signed it or approximately December 21, 2014. Among other things, this Act revises Section 510 and Chapter 14 of the Pennsylvania Public Utility Code to implement funding changes for the Public Utility Commission (the Commission), expands the types of entities subject to the “responsible utility customer protection[s]” contained within Chapter 14 and extends Chapter 14’s expiration through 2024. These changes will be discussed in more detail below.

Pennsylvania PUC to Amend Alternative Energy Portfolio Standards Regulations [Utility, Environmental & Energy Alert]

February 27, 2014

On February 20, 2014, the Pennsylvania Public Utility Commission (Commission) issued a proposed rulemaking in connection with its implementation of the Alternative Energy Portfolio Standards Act of 2004 (AEPS Act). While the Commission has proposed a number of changes that merely implement the requirements of Act 35 and Act 129, there are several new substantive provisions impacting net metering and large customer-generators and that merit close review by electric utilities, merchant generators and customers proposing to self-generate. The proposed rulemaking will be open for public comment for 30 days after publication in the Pennsylvania Bulletin.

Events & Seminars

Past Events

2019 Public Utility Law Conference

May 30, 2019 - Harrisburg, PA

2018 American Water Summit

October 25, 2018 - Philadelphia, PA

PBI Public Utility Law Conference

May 31, 2017 - Harrisburg, PA

American Gas Association 2014 Legal Forum

July 13, 2014 - Park City, UT

Public Utility Law Conference

May 30, 2013 - Harrisburg, PA

Industry Sectors

Education

  • Dickinson School of Law, J.D., 1997
  • Grove City College, B.A., magna cum laude, 1994

Awards & Honors

Super Lawyers "Rising Star" - 2005-2008

Central Penn Business Journal "Forty under 40" - 2005

Legal Intelligencer "Lawyer on the Fast Track" - 2004

U.S. Army, Honorable Discharge - 2001

U.S. Army Commendation Medal - 2000

U.S. Army Instructor Badge - 1999

U.S. Army Parachutist Badge - 1998

Commandant's List, U.S. Army Judge Advocate General's School - 1998

  • Pennsylvania
  • Pennsylvania Supreme Court
  • U.S. District Court -- Middle District of Pennsylvania
  • Pennsylvania Bar Association - Public Utility Law Section
  • Energy Association of Pennsylvania - Affiliate Member
  • Order Sons of Italy in America - Grand Lodge of Pennsylvania
  • The American Legion