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Mark L. Perlis

Of Counsel

Washington +1 202 662 5446

  • About
  • Representative Matters
  • Credentials
  • About

    Mark Perlis is a seasoned energy and environmental attorney with a broad-based federal regulatory and litigation practice encompassing all aspects of the electric utility industry.  He regularly represents clients in adjudicatory and rulemaking proceedings before the Federal Energy Regulatory Commission and state public utility commissions, and in stakeholder proceedings conducted by ISOs and RTOs across the country.  Mark represents independent power producers, power marketers, traditional electric utilities, and renewables developers.  Mark specializes in regulatory issues associated with the design of and participation in organized electric markets, including energy and capacity markets, generation interconnection, and transmission service.

    Mark has led representations of numerous clients faced with non-public, FERC enforcement investigations and has negotiated favorable settlements with the FERC Office of Enforcement.  He also regularly advises companies on compliance policies and procedures and conducts compliance program audits and reviews.  In addition, he counsels clients across the industry on Department of Energy efficiency regulations, energy trading compliance, project development, commercial agreements, and contract disputes.

    Mark also advises clients in the electricity industry and in the biofuels and biotechnology industries on matters pertaining to federal and state responses to climate change.  He advises clients on U.S. EPA’s Clean Power Plan and potential state implementation plans.  He also advises producers of conventional ethanol and advanced biofuels on federal and state regulatory issues, including the federal Renewable Fuels Standard program, California’s Low-Carbon Fuels Standard, and emerging markets for Renewable Identification Numbers and Low-Carbon Fuel credits.  Mark has also advised clients on trading emission allowances and credits, including for sulfur dioxide and carbon dioxide, as well as on renewable energy credit trading.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • FERC counsel to Calpine Corporation in connection with energy and capacity market structures, interconnection, financing, development, and operation of electric generating facilities in California.
    • Advised NaturEner USA on its 189 MW wind energy project located in Rim Rock, Montana, in connection with obtaining FERC approval of a first-of-its-kind tax equity investment by a California electric utility, the sale of renewable energy credits and power to separate off takers, and procurement of interim and permanent transmission arrangements for the project.
    • Represented trade association in successfully challenging the California Independent System Operator’s backstop capacity market mechanism at FERC and negotiating multiparty settlement.
    • Led representation of Duke Energy during the California energy crisis, including litigation of the FERC EL00-95 Refund Proceeding, multiple federal and state enforcement investigations, and negotiation of a global settlement.
    • Represented solar developer in successfully opposing a utility’s petition at FERC to terminate its mandatory purchase obligation under the Public Utility Regulatory Policies Act.

    Areas of Expertise

  • Credentials
    Education
    • Harvard Law School, J.D., 1977
        • cum laude
        • Harvard Law Review, Editor
    • Yale University, B.A., 1974
        • magna cum laude
        • with honors
    Bar Admissions
    • District of Columbia
    • U.S. Supreme Court
    • U.S. Court of Appeals for the District of Columbia Circuit
    Government Experience
    • U.S. Department of the Treasury
    Accolades
    • Chambers Global, Energy: Electricity (Regulatory & Litigation) (2014-2019; 2021)
    • Chambers USA, Energy: Electricity (Regulatory & Litigation) (2006-2021)
    • Best Lawyers in America, Energy Law (2006-2020)
    • Legal 500 US, Energy - Renewable/Alternative (2016)
    • Legal 500 US, Energy - Regulatory (2016)
    • Legal 500 US, Environment - Litigation (2016)
    • Washington DC Super Lawyers, Energy & Natural Resources (2008-2021)
    Memberships and Affiliations
    • Electricity Regulation Committee, Vice Chair (2007)
    • Energy Bar Association, Member (1992-present)
    • Environmental Markets Association, Board of Directors, and Vice President (1998-2001); Member (1997-present)
    • American Bar Association, Section of Environment, Energy, and Resources, Special Committee on Climate Change and Sustainable Development, Vice Chair (1999-2000)
    Previous Experience
    • U.S. Department of the Treasury, Office of the Tax Legislative Counsel, Attorney Advisor (1983-1987)

    Areas of Expertise

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