Overview

Since 1981 Mark has been exclusively engaged in representing owners of energy transmission and distribution facilities and customers using those facilities before federal and state agencies and courts having jurisdiction over energy markets and their participants. His representations have focused on the rates, terms and conditions associated with gaining access to regulated energy network systems, transactions involving changes in ownership of jurisdictional assets and unbundling matters.

He has served as chief energy regulatory counsel in bankruptcy proceedings, involving bankrupt and financially-stressed electric generators and their creditors in reconciling the interplay between the Federal Power Act and the Bankruptcy Code.

Experience

Experience

Pipelines

  • Has been involved in seminal cases defining limits on FERC’s jurisdiction
    • Represented Amerada Hess Corporation in the case establishing the modern “modified primary function” test for gathering and secured recognition of non-jurisdictional status production and gathering for facilities involving the longest high pressure pipeline downstream of treatment facilities in FERC’s history as of that time
    • Represented pipeline owners in litigation involving the Outer Continental Shelf Lands Act
  • Has been involved in over two dozen pipeline rate cases
  • Litigated issues involving importation and exportation of energy supplies at the Department of Energy and FERC; has advised multiple industry participants regarding LNG
  • Lead attorney in controversial proceeding seeking market based rates for storage capacity previously charged at cost-based rates
  • Negotiated agreements and represented pipelines in contested proceedings involving access to transmission facilities and interconnection agreements between pipelines including the gulf of Mexico
  • Established the basis for a successful agreement between joint owners of a single pipeline that resolved long-running disputes
  • Successfully overturned proposed FERC Office of Chief Accountant’s ruling on Alternative Minimum Tax
  • Extensive experience involving stranded costs
  • Represented power plant owners in disputes regarding pricing provisions of natural gas fuel supply contracts.
  • Extensively involved in disputes before FERC regarding income tax allowances for pass-through entities and the FERC's method of determining return on equity and other elements of pipelines' cost of service

Electric

  • Successfully represented only entity subject to FERC jurisdiction involved in the California 2000-2001 power crisis that has not either provided consideration as part of a settlement or been found to have engaged in some form of market manipulation
  • Represented MISO on resource adequacy issues
  • Represented generation developers on issues related to: interconnection queues; in arbitrations with regional transmission organization regarding market rules; and compensation and in disputes involving automatic generation control/regulation service
  • Counseled Clients regarding gas-electric scheduling coordination issues
  • Successfully represented only party which, until that time, had obtained a monetary award on behalf of a market participant from the RTO in question in arbitration
  • Has appeared in retail proceedings of over a dozen regulated utilities
  • Represented/counseled utility regarding the calculation of income tax expense/flow back schedule for ratemaking purposes. 

Honors

Honors

World's Leading Practitioners, Energy and Environment, Euromoney's Energy and Environment Expert Guide, 2018

The Best Lawyers in America, Energy Law, 2013-2019

Washington, D.C. Top Rated Lawyer, General Practice, ALM, 2012-2013

Leading Lawyer, Oil & Gas, Chambers USA, 2012-2017

Leading Lawyer, Regulatory and Litigation, Chambers Global, 2012-2017

Leading Lawyer, Energy, Chambers Global, 2006-2007

Leading Lawyer, Energy Regulatory, The US Legal 500, 2012-2017

Washington, DC Super Lawyer, Energy & Natural Resources, Super Lawyers, 2010-2017

Legal Media Groups Expert Guides, Energy and Natural Resource Attorneys

AV Preeminent rating, Martindale-Hubbell

Insights

Digital Media

Education

J.D., Columbia Law School, 1981, Columbia Journal of Transnational Law, Editor

B.A., Dickinson College, 1978, magna cum laude, Omicron Delta Kappa, William Lenox Avis Prize

Admissions

  • District of Columbia
  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Tenth Circuit
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