Mark Strain | Energy Attorney | Balch & Bingham LLP

Education

University of Texas School of Law

J.D., 1992
University of Texas at Austin

B.A., 1989, with honors, Plan II Honors Program

Bar Admissions

Texas, 1992

His preparation, judgment, and ability to simplify complex information are exceptional, and I was always thankful he was on my side of the table instead of the other.

What do you find most exciting about your work?

I enjoy working with technical experts to prepare them to appear as witnesses in regulatory and legal proceedings regarding the utility industry. I specialize in training them to present their subject matter expertise in a manner that is both compelling and informative for a non-expert factfinder. I also have extensive experience deposing and cross-examining expert witnesses in regulatory and legal proceedings regarding the electric utility industry.
Which courts or agencies do you most often appear before on behalf of clients?

I have extensive experience presenting cases before state public utility commissions and the Federal Energy Regulatory Commission. I have handled many of those cases on appeal to the federal appellate courts. I have also represented electric utilities in class action lawsuits in both state and federal courts.
What legal challenges are you looking forward to tackling in the future?

This is an exciting time in the electric utility industry. Massive expansion of infrastructure is underway to accommodate transformative load growth among industrial customers and data centers. Over the last several years, I have spent extensive time representing utilities in certification proceedings for large-scale transmission and generation projects. Significant regulatory and legal challenges are arising to address cost responsibility and resource allocation for these projects.
What types of clients do you represent?

In addition to my work with utilities, I have spent several decades representing songwriters, performing artists, record labels, recording studios, and publishing companies. Austin is the Live Music Capital of the World, which is a big reason I chose to live in Austin. I also handle transactional matters for a variety of other businesses, such as a large golf company and a Oaxacan food enterprise.

Select Matters

Transmission Line Certifications: Lead outside counsel and trial counsel for certification proceedings for 7 major high-voltage transmission line projects in Texas and Louisiana, including approximately $5 billion in new investment.
Nuclear Power Plant Cost Allocation: Lead outside counsel and trial counsel defending a nuclear power plant owner in multi-billion dollar FERC litigation regarding the allocation of costs among a group of utilities over a multi-decade period.
Cost Allocation of Utility Production Costs: Lead counsel in an extended series of FERC dockets and federal appeals challenging the allocation of billions of dollars of energy production costs among a group of affiliated electric utilities.
Cost Recovery for Fuel and Purchased Power: Representation of electric utilities in fuel and purchased power cost recovery and reconciliation proceedings before state utility commissions for over three decades.
Litigation Regarding Wholesale Market Access: Lead outside regulatory and trial counsel defending electric utilities against billions of dollars of claims in federal and state class action lawsuits prosecuted by a state attorney general and prominent plaintiffs' attorneys regarding wholesale market participation and transmission access.
Utility Wildfire Management: Preparation of a comprehensive analysis and training program for electric utility employees regarding civil and criminal proceedings concerning catastrophic wildfire damage resulting from utility infrastructure and maintenance programs.
Renewable Resource Deployment: Preparation and publication of a comprehensive analysis of the deployment of renewable energy resources across the United States. Endorsement and NIL
Contracts for Major Golf Brand: Drafting of endorsement contracts for PGA and college golfers.
Oaxacan Food Enterprise: General counsel to a fast-growing producer of authentic Mexican food products with wide distribution across the U.S.
Music Industry Contracts and Management: Representation of artists, publishers, record labels, and recording studios in the Texas music industry for over three decades, including extensive pro bono work on behalf of outstanding Texas artists.

Publications

News

Credentials

Education

University of Texas School of Law, J.D., 1992
University of Texas at Austin, B.A., 1989, with honors, Plan II Honors Program

Courts

U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, District of Columbia Circuit

Bar Admissions

Texas, 1992

Professional Affiliations

American Bar Association
- Section of Infrastructure and Regulated Industries (IRIS), Member, 2015-present
- Electricity Committee of IRIS, Vice-Chair, 2015-2018
- Electricity Committee of IRIS, Chair, 2018-2023
ABA Cybersecurity Legal Task Force, 2021-present
American Bar Foundation, Fellow
Austin Bar Association
State Bar of Texas
- Administrative & Public Law Section
- Entertainment & Sports Law Section
- Public Utilities Law Section
Energy Bar Association

Awards & Accolades

Best Lawyers^®, Administrative/Regulatory Law, 2020-present