• Kentucky

• Kentucky Supreme Court, 1985
• U.S. Supreme Court
• U.S. Court of Appeals, Sixth Circuit
• U.S. District Court for the Eastern District of Kentucky
• U.S. District Court for the Western District of Kentucky

• University of Tennessee-Knoxville College of Law, J.D., 1985
• Transylvania University, B.A., 1982

Mark David is a member of Frost Brown Todd and practices corporate and administrative law, concentrating on regulatory and business issues affecting electric, natural gas and water utilities.

Mark David is a part of the Firm's corporate, energy and natural resources and regulated business practice groups.  During his legal career, Mark David has successfully resolved, by trial and otherwise, hundreds of civil cases before courts in both the federal and state judicial systems.  Included in that number are many cases handled before various administrative and regulatory agencies.

Just prior to joining the firm, Mark David served four and one-half years as Chairman of the Kentucky Public Service Commission.  That agency is charged with the regulation of rates and service for more than 1500 electric, gas, water and telecommunications utilities in Kentucky.  He acted as the agency's Chief Executive Officer where he supervised 125 employees and a multi-million dollar budget.  He also rendered decisions regarding rates, terms of service, financing, certificates of public convenience and necessity, and complaints by private citizens.  He presided over hearings and trials ranging from simple complaint matters to multi-million dollar rate and environmental compliance cases.

Experience

• Chairman of the Kentucky Public Service Commission
• Chairman of the Kentucky Board on Electronic Generation and Transmission Siting, which is responsible for the siting of all merchant electric generation and transmission facilities in Kentucky.
• Resolved over 60 general utility rate cases
• Resolved over 12 electric transmission line certificate cases
• Resolved over 30 requests to transfer control of utilities including approval of the mergers of Bell South Telecommunications with AT&T and of Duke Energy with Cinergy
• Resolved numerous financing, construction request and environmental compliance cases involving electric utilities
• Resolved several administrative cases at the Kentucky PSC opened to investigate various electricity matters, including: the Adequacy of Kentucky's Generation Capacity and Transmission System; the Reliability Measures of Kentucky's Electric Distribution Utilities; and, consideration of the Federal Energy Policy Act of 2005 regarding Fuel sources and Fossil Fuel Generation Efficiency, Time Based Metering, Demand Response and Interconnection Service

• Lehman Brothers Investment and Banking Group ranked the Kentucky PSC the 2nd best public utility commission of the 50 state utility commissions in the United States, 2006 - 2007

• National Coal Council, Member
• U.S. Environmental Protection Agency, Advanced Coal Technology Work Group, former Member
• National Association of Regulatory Utility Commissioners (NARUC), former Board Member and Member of the Electricity Committee
• National Association of Regulatory Utility Commissioners (NARUC), Subcommittee on Clean Coal and Carbon Capture Technology, former Chairman
• Energy Bar Association, Member
• Organization of MISO States, former Board Member
• Organization of PJM States, former Founding Board Member and Member of Executive Committee

• Deacon, Harlan Baptist Church
• Harlan County Industrial Development Commission
• Kentucky Bar Assocation Representative, Harlan County Judicial Center Planning Committee
• Harlan Independent School Buildings and Facilities Committe, Chairman
• The Bank of Harlan, Board of Directors, (former Acting President/CEO)

Panelist: Kenergy IRC Meeting - "Coal 2020: Burning Options"
The Economic and Political Outlook for Coal, August 12, 2004; Owensboro, Kentucky

Panelist: Cinergy Corporation and University of Kentucky's "Coal 2020: Burning Questions Conference" What Will Shape Coal's Future?  The Economic, Political and Regulatory Outlook for Coal Through 2020, October 12-13, 2004; Lexington, Kentucky

Kentucky's Energy Task Force
Testified on energy-related issues, November 12, 2004; Lexington, Kentucky

Panelist: Emerging Issues Policy Forum, Energy Forum
FERC's Recent Initiatives on Market Power Issues in the Electric Industry, December 12-14, 2004; Orlando, Florida

Panelist: National Regulatory Research Institute: The Summit
The State of Regulation: A Preview of the Big Issues Facing Commissions in 2005, January 14-18, 2005; New Orleans, Louisiana

Institute for Regulatory Policy Studies Seminar
"Introduction to Rate Cases and Rate Design", July 14-15, 2005; Chicago, Illinois

FERC Joint Board Meeting
Kentucky Representative, November 21, 2005; Chicago, Illinois

Panelist: Institute for Regulatory Policy Studies Conference: Ensuring Adequate Energy Supplies in a Volatile Environment, The Roles of State and Federal Policymakers in the Current Environment, November 30 - December 2, 2005; Springfield, Illinois

Speaker: Hopkinsville Rotary Club
Natural Gas Prices in Kentucky, January 10, 2006; Hopkinsville, Kentucky

Tennessee Valley Authority Board of Directors Meeting
Oral Testimony, Transmission Access in the TVA Region, May 18, 2006; Hopkinsville, Kentucky

Copper Theft/Electric Safety Media Event
Presentation to the Media at the PSC, May 31, 2006; Fankfort, Kentucky

Speaker: Kentucky Gas Association Annual Meeting
 A PSC Perspective, June 9, 2006; Florence, Kentucky

Speaker: MACRUC Annual Conference
 Broadband Issues in Kentucky, June 25-28, 2006; Hot Springs, Virginia

Speaker: Electric Utilities Consultants, Inc. Commercializing Clean Coal Conference
A Coal State Regulatory Perspective on Clean Coal, September 7, 2006; Charlotte, North Carolina

Speaker: Electric Utilities Consultants, Inc. Electric Distribution Reliability Conference
The Diverse Terrain of Reliability Regulation: The View from Kentucky, September 26-27, 2006; Los Angeles, California

Speaker: KY Mineral Law Conference, The Future of Coal-Fired Electric Generation in Kentucky, October 5, 2006; Lexington, Kentucky

Coal Gasification 2007 Conference
"The Path Forward" April 10-12, 2007; Denver, Colorado

Speaker: Kentucky Association of Electric Cooperatives Managers' Meeting
An Open Conversation, April 17, 2007; Lexington, Kentucky

Speaker: Appalachian Regional Commission Clean Coal Conference
Generating Electricity with Clean Coal Technologies: The States Role in Cost Recovery for Utilities, April 25, 2007; Lexington, Kentucky

Panel Moderator: MACRUC Annual Convention, Coal: It is the Best of Fuels...It is the Worst of Fuels, June 3-7, 2007; Williamsburg, Virginia

Panel Moderator: NARUC Summer Meeting
The Role of Coal Generation in a World of Greenhouse Gas Regulation, July 15-18, 2007; New York, New York

Panelist and Participant:  Utility Commissioners/Wall Street Dialogue (Sponsored by Gee Strategies Group, LLC) In discussions related to Credit Rating Agencies, Security Analysts and Investment Banks' Perspectives on Regulation and the Utility Business, July 19, 2007; New York, New York

Panelist: OPSI Strategic Retreat
Energy Markets: Commitments for Supply and Alternatives, September 19-21, 2007; Washington, DC

Panelist: Emerging Issues Policy Forum, Energy Forum
Building, Operating and Maintaining Energy Infrastructure, September 23-25, 2007; Amelia Island, Florida

Speaker: 2nd Annual Kentucky Energy Efficiency Conference
What State Government Can Do to Advance Energy Efficiency in Kentucky, November 16, 2007; Frankfort, Kentucky

Speaker: Kentucky Association of Electric Cooperatives Managers' Meeting
Global Warming - Kentucky Implications, November 19, 2007; Louisville, Kentucky

Panel Moderator: NARUC Winter Meetings
Working Together: The Pew Center and Coal Energy Representatives Discuss State Options for Low Carbon Coal Policy, February 19, 2008; Washington, DC

Speaker: East Kentucky Power Cooperative, Annual Meeting
Challenges and Strategies for EKPC in a World of Carbon Regulation, June 10, 2008; Winchester, Kentucky