Malcolm C. McLellan

Partner

206.829.1814

mcm@vnf.com

Assistant

Millennium Tower
719 Second Avenue Suite 1150
Seattle, WA 98104

Electric Transmission

  • Guides transmission providers manage their Open Access Transmission Tariff, business practices, rate and service schedules, and grandfathered agreements
  • Counsels on rate issues for existing facilities and new construction
  • Negotiates agreements for transmission service, generator interconnection, transmission-to-transmission interconnection, ancillary services, and balancing authority areas
  • Guided the negotiation, development and regulatory approval of Ace Diversity Interchange - a tool through which electric balancing authorities share the management of area control error
  • Worked on the development of multiple regional transmission organizations

Electric Transmission Planning

  • Guided the negotiation of an inter-regional transmission planning and cost allocation protocol for the Western Interconnection, the first ever coordinated program within the Western Interconnection.
  • Provides on-going counsel for electric transmission planning and cost allocation activities of the Northern Tier Transmission Group that encompasses the northern portion of the Western Interconnection in the United States outside the Columbia River basin

Enforcement Proceedings

  • Represents utilities in FERC investigations into transmission sales, transmission utilization, power marketing transactions, and sales into organized markets
  • Represents NERC registered entities in alleged violations of mandatory electric reliability standards

Compliance Programs

  • Experienced creating compliance programs, and corporate standards, policies and business practices
  • Represents utilities seeking FERC No Action Letters and regulatory interpretations
  • Counsels on Dodd Frank compliance

Electric Reliability Standards

  • Guides utilities on mandatory reliability standard compliance
  • Assists utilities with decisions related to registration, deregistration and exemption
  • Represents utilities with compliance audits and in enforcement proceedings
  • Negotiated the Reliability Management Agreement in the Western Interconnection – the first agreement by which electric utilities agreed to minimum electric reliability standards. The agreement became of the foundation of mandatory electric reliability standards that were enacted by Congress as part of the Energy Policy Act of 2005
  • Developed and negotiated the Pacific Northwest Security Coordinator, an agreement among and between electric balancing authority in the Western Interconnection for their coordination and oversight of electric balancing authorities

Power Marketing and Power Purchase Agreements

  • Counsels on market based rate authority, Qualifying Facility and Exempt Wholesale Generator compliance
  • Negotiates power purchaser agreements
  • Performs due diligence
  • Developed agreements for the coordinated marketing of electricity for the Mid-Columbia power trading hub
  • Participated in the development of the Western Systems Power Pool Agreement for the standardization of electricity sales

District Energy

  • Structured the development of an agreement through which heat from data centers is used to heat office complexes

Hydroelectric

  • License Compliance:  Represents hydroelectric licensees obtain and comply with project licenses
  • Non-jurisdictional Projects:  Represents developers and owners of non-FERC jurisdictional hydroelectric projects
  • 1997 Mid-Columbia Hourly Coordination Agreement:  Completed the negotiation of the agreement by which seven hydroelectric projects on the Columbia River optimize the generation of electricity on a four second basis
  • Pacific Northwest Coordination Agreement:  Completed the extension of the agreement through which hydroelectric and thermal resources in the Columbia River basin coordinate the generation of electric power as required by the Columbia River Treaty between the United States and Canada
  • Settlement Agreements:  Negotiated the Rocky Reach and Rock Island Hydroelectric Projects’ Anadromous Fish Agreements and Habitat Conservation Plans, and associated biological options for the protection of salmon and steelhead in the Columbia River
  • Permitting:  Obtained Federal permitting for a system to bypass endangered salmon and steelhead past the Rocky Reach hydroelectric project

Publications

Maintaining a Balance: Innovation in Power System Balancing Authorities

Washington Journal of Environmental Law & Policy, Vol. 1 Issue 1 pp. 1
07/01/2011

Power Administrations Seek Increased Role

North American Wind Power
12/01/2008

Presentations

21st Annual Mid-C Seminar

Speaker, "Transmission in the West Update"
Wenatchee, WA
06/18/2017

Electric Transmission in the West

Program Co-Chair
Law Seminars International
Portland, OR
05/25/2017

District Energy: What's Stopping Us from Sharing in the Sharing Economy?

Panelist
Urban Land Institute
Seattle, WA
10/12/2016

Oregon's Clean Electricity and Coal Transition Plan

Speaker,"Renewable Portfolio Standard and Reliability"
Law Seminars International
Portland, OR
07/28/2016

Resilient Energy Systems: District Energy and Microgrids

Presenter, "Resilient Energy Systems: District Energy, CHP and Microgrids"
Second Nature Webinar
05/26/2016

Edison Electric Institute, 2016 Spring Legal Conference

Presenter, "Avoided Cost Rate Trends"
Palm Beach, FL
05/20/2016

Intro to Resilience and Energy Systems

Presenter
Second Nature Webinar
03/15/2016

13th Annual Higher Education Real Estate Lawyers Conference

Presenter, "District Energy: Considerations Involved with Purchasing/Selling Heat"
University of Washington
Seattle, WA
10/01/2015

Electric Transmission in the West

Program Co-Chair
Law Seminars International
Portland, OR
05/07/2015

US/Canada Cross Border Power Summit

Moderator, "New England’s Future Power Supply Mix: The Role of Hydro, Natural Gas, and Local Generation in Supplying a Reliable and Cost – Effective Load"
EUCI
Boston, MA
04/08/2015