David P. Zambito

Chair, Utility & Energy

Harrisburg

(717) 703-5892

(717) 870-2725

(215) 989-4216

David is chair of the firm's Utility & 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

Cozen O’Connor Announces Changes to Firm Management 2022

March 23, 2022

Cozen O’Connor is pleased to announce the following changes in firm leadership positions for the 2022 year.

How Governors Races May Change Energy, From EVs To Renewables

February 08, 2022

David Zambito was quoted in an article published in Environment and Energy News (E&E News) that discusses the fate of energy policies based on the potential outcomes of the gubernatorial elections in November 2022. The article looks at the upcoming races of four key states that can transform the energy sector: Pennsylvania, Arizona, Georgia, and Florida.

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).

Publications

Continuing the “Return to Normalcy” at the Pennsylvania Public Utility Commission [Alert]

July 19, 2021

David P. Zambito and Jonathan P. Nase discuss the PUC's various orders gradually ending the emergency measures it took in response to the COVID-19 pandemic.

Pennsylvania Public Utility Commission Enters a New Phase in Responding to the COVID-19 Pandemic [Alert]

March 15, 2021

David P. Zambito and Jonathan P. Nase discuss the additional steps toward returning to pre-COVID-19 pandemic procedures for collecting amounts due for public utility service in Pennsylvania.

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies [Alert]

February 26, 2021

David P. Zambito and Vincent Candiello discuss how Pennsylvania’s regulated public utilities would be impacted by the legalization of marijuana and if they are not permitted to continue their zero-tolerance drug use policies for employees involved in the operation of critical infrastructure.

Pennsylvania Public Utility Commission Enters Phase 2 of the Moratorium on Utility Shut-Offs [Alert]

October 19, 2020

David P. Zambito and Jonathan P. Nase discuss Chairman Gladys Brown Dutrieuille's modifications to the emergency order.

The Saga Continues: Pennsylvania PUC Delays Action on Terminating the Moratorium on Utility Shut-offs [Alert]

August 28, 2020

David P. Zambito and Jonathan P. Nase discuss the PUC's postponement of its motion addressing termination of the moratorium so the commission would have more time to evaluate comments that had been filed with the PUC.

Pennsylvania PUC Remains Deadlocked over Terminating the Moratorium on Utility Shut-offs [Alert]

July 20, 2020

David P. Zambito and Jonathan P. Nase discuss the Pennsylvania Public Utility Commission vote on party lines to maintain its moratorium on utility terminations while Governor Tom Wolf’s Proclamation of Disaster Emergency on COVID-19 remains in effect.

In Party-Line Vote, the Pennsylvania PUC Continues the Moratorium on Utility Terminations [Alert]

June 22, 2020

David P. Zambito and Jonathan P. Nase discuss the history and the next steps for Pennsylvania's moratorium on utility terminations.

COVID-19 Emergency Mandates on Utility Construction Activities and Supplies

April 07, 2020

Dave Zambito, Michael Klein, Michael Connolly, and Jonathan Nase explain what utility companies need to know about their construction projects in Pennsylvania and New Jersey.

COVID-19 and the Utility, Energy, Telecommunications & Transportation Sectors: What [Alert]

March 24, 2020

David Zambito, Michael Klein, Michael Connolly, Gregory Eisenstark, Ira Megdal, and Jonathan Nase discuss the executive orders in New Jersey and Pennsylvania impacting the utility industry.

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.

Events & Seminars

Past Events

Water & Wastewater

October 19, 2021 - Webinar

Public Utility Bench Bar Conference 2020

May 28, 2020 - Harrisburg, PA

2019 Public Utility Law Conference

May 30, 2019 - Harrisburg, PA

2018 American Water Summit

October 25, 2018 - Philadelphia, 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