Michael B. Day

Partner at Downey Brand

Michael B. Day is one of the most experienced attorneys in the Public Utility sector and has successfully represented a wide variety of energy clients in cases before the California Public Utilities Commission (CPUC).

Mike’s practice includes natural gas and electric rate making proceedings, natural gas storage and renewable energy project financing, and energy procurement policy matters. He represents private companies as well as city and county governments at the CPUC. Much of his practice focuses on the creation of competitive energy markets in California, primarily through advocacy before the CPUC, the California Energy Commission, and the California Independent System Operator, as well as through legislation under consideration by the California Legislature.

Since 1991, Mike has been the lead California regulatory counsel for a number of major energy companies, including pipelines, transmission line developers, and gas and electric marketers. As counsel to Wild Goose Storage, he obtained CPUC authorization for the first independent gas storage utility in California. He also serves as California regulatory counsel for PacifiCorp, a subsidiary of Berkshire Hathaway Energy.

Mike’s practice frequently involves the development of new energy infrastructure in California. He served as California regulatory counsel for the innovative Path 15 Upgrade Project, the first independently financed transmission project in the United States. He was also successful in obtaining approval for ground-breaking new transmission lines, including an underwater direct current transmission line that provides a second reliable power source for San Francisco, and the first 500 kV underground transmission line in the United States.

Mike also served as California regulatory counsel for the cellular industry during its formative years, including CTIA – The Wireless Association®, the national trade association of major wireless carriers. He was lead counsel in the wireless industry’s successful efforts to preserve federal pre-emption over California’s effort to regulate cellular service rates and to develop consumer protection rules suited to the competitive wireless market. Mike represented the City of San Clemente in obtaining approval for multiple pedestrian and highway grade crossings to facilitate the innovative San Clemente Beach Trail which ensured safety for both rail operations and pedestrian beach access.

Mike frequently provides regulatory advice to energy developers, investors, and financial institutions seeking to develop projects in California, and specializes in finding creative regulatory solutions for project sponsors. As a result, he is active in a wide range of renewable energy policy issues in California.

Prior to joining Downey Brand, Mike was the Managing Partner at the San Francisco firm of Goodin, MacBride, Squeri & Day. Mike also has more than a decade of experience (1980-1991) working in the Legal Divison at the CPUC, including lead counsel in natural gas matters before the Federal Energy Regulatory Commission, Deputy General Counsel supervising all appellate and advisory matters before the commission, and Acting General Counsel to the CPUC.

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  • Partner

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