Mark F. Sundback

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Sheppard Mullin
• Representative Cases & Transactions
  Cases

  Experience: Electric: Successfully represented before FERC
  the U.S. Court of Appeals for the Ninth Circuit 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
  
  compensation
  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.
  Natural Gas: 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
  secured recognition of non-jurisdictional status under NGA Section 1(b)'s production
  gathering exemption for 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 L
  s Act
  Has been involved in over two dozen pipeline rate cases
  Litigated issues involving importation
  exportation of natural gas supplies at the Department of Energy
  FERC
  has advised multiple industry participants regarding LNG
  Lead attorney in controversial proceeding seeking market based rates for storage capacity previously charged at cost-bated rates
  Negotiated agreements
  represented pipelines in contested proceedings involving access to transmission facilities
  interconnection agreements between pipelines
  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 str
  ed 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
  the FERC's method of determining return on equity