Malcolm McLellan

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Malcolm’s practice focuses on the transmission, generation, marketing, and distribution of electric power.  Malcolm has an intricate knowledge of the technical, legal, and business considerations facing electric power businesses. His counseling includes electric transmission and ancillary services, rates, reliability standards, enforcement actions and investigations, market-based rate authority, hydroelectric licenses, and electric power purchases and sales (physical, financial and syntenic).  His transactional experience includes power purchases and sales, interconnection and transmission access, and asset sales, purchases and exchanges. 

  • Experience

    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
    • Worked on the development and operations of regional and interregional transmission planning for NorthernGrid and Northern Tier Transmission Group in the northern portion of the Western Interconnection

    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, Standards of Conduct, and Interlocking Directors

    Electric Reliability Standards

    • Guides utilities on mandatory reliability standard compliance
    • Assists utilities with decisions related to registration, deregistration and exemption
    • Represent NERC registered entities with compliance audits and 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, Public Utility Regulatory Policies Act (PURPA), Qualifying Facility (QF), and Exempt Wholesale Generator (EWG) compliance
    • Represents purchases and sellers in the negotiation of power purchase and sale agreements, electric storage agreements, transmission service agreements, and synthetic power purchase and sales agreements
    • Experience working with the Western Systems Power Pool Ageement, EEI Master Services Agreement, and custom agreements
    • Performs due diligence
    • Work with the registration and trading of renewable energy credits

    District Energy

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


    • Represents hydroelectric licensees obtain and comply with project licenses and associated permits
    • Represents developers and owners of non-FERC jurisdictional hydroelectric projects
  • Professional Affiliations

    Washington State Apple Blossom Festival

    Legal Consultant, 1996-present

    Member, Board of Directors, 1998-2000

    Boy Scouts of America

    Eagle Project Approval, Cascade District, Chief Seattle Council, 2012-present

    Assistant Scoutmaster, Boy Scout Troop 647, Mercer Island, WA, 2010 - present

    Scoutmaster, Boy Scout Troop 647, Mercer Island, WA, 2007-2010

    Committee Chair, Boy Scout Troop 647, Mercer Island, WA, 2006-2007

    Cubmaster, Cub Scout Pack 624, Mercer Island, WA, 2002-2003 and 2005-2006

    USO Northwest

    Chairman, Board of Directors, 2010-2013

    Vice-Chair, Board of Directors, 2008-2009 and 2013-2014

    Corporate Secretary, 2006-2007

    Mercer Island Youth Soccer

    Coached U15 and U12 boys soccer teams

    Mercer Island Presbyterian Church

    Mercer Island Beach Club

    Seattle Yacht Club

  • Awards & Honors
    "Best Lawyers in America" by Best Lawyers
    Energy Law, 2012-2021
    Energy Regulatory, 2019-2021
    Environmental Law, 2013-2021
    Legal 500 - Recommended Attorney
    Energy Regulation - Conventional Power, 2019
    "Lawyer of the Year" by Best Lawyers
    Energy Law, 2021
  • Government Service
  • News & Presentations
  • Thought Leadership


Gonzaga University School of Law J.D., cum laude, 1993

University of Washington B.A., 1989