Overview
Marc Spitzer served as a commissioner on the Federal Energy Regulatory Commission (FERC) from July 2006 until December 2011. His practice involves counselling and representing utilities and energy companies before the FERC, at state utility commissions, Congress, federal agencies, and state legislatures. Marc's clients rely on his deep understanding of the energy sector and its policy and regulatory regimes, backed by years in appointed and elected government service. His experience enables him to advise clients through all stages of the energy supply chain from production, transmission, and distribution. Marc's practice extends across the industry and he has proven experience in all energy resources.
In addition to his Presidential nomination to FERC, Marc was twice elected to the Arizona Corporation Commission (ACC) including a term as ACC chairman during when he authored Arizona’s first Renewable Portfolio Standard. First elected to the Arizona State Senate in 1992, he served four terms, including as Senate Majority Leader.
Marc has received praise from several clients and trusted industry connections. One of his clients says Marc "has a keen political instinct for FERC matters and a broad knowledge of the subject matter that makes him an extremely effective advocate." Another client remarked: "Marc Spitzer's talents and superb representation brings a … lived knowledge of the regulatory and legislative compacts throughout the country. His capabilities expand federal, state and local issues essential to advising on the critical infrastructure needed for advancing our nation's energy and related industries. Most important to me is Marc's prolific intellect. He is a 'renaissance man’ in the classic sense and modern application."
"I highly recommend Marc Spitzer. He consistently provides great counsel on all aspects of our sector. Marc's industry knowledge, experience, and insight due to his time as a former state and FERC commissioner is second to none."
"Marc Spitzer has a wealth of legal knowledge and practical experience he uses to solve complex energy problems across our business. [While] he is steady and patient…at the same time [he is] dedicated and forceful."
Marc is regularly called upon as a lecturer on energy law across the United States and internationally.
- Arizona
- District of Columbia
- US Tax Court
- Tribal Courts of the Navajo Nation
- US District Court, District of Arizona
- US Court of Appeals, Ninth Circuit
- J.D., University of Michigan Law School, 1982, cum laude
- B.A., Dickinson College, 1979, summa cum laude, Phi Beta Kappa
Areas of Work
Representative Matters
- Represented Arizona Public Service Company before the Federal Energy Regulatory Commission (FERC) and the Arizona Corporation Commission (ACC).
- Represented UNS Energy Company/Tucson Electric Power in a range of regulatory proceedings before FERC and the ACC.
- Represented Hunt Utility Company and its affiliates on matters before the Public Utility Commission of Texas.
- Represented Southern Company in financing application proceedings and other matters before the FERC under Federal Power Act.
- Represented Salt River Project in Federal District Court antitrust litigation and proceedings at the ACC and before FERC.
- Represented Exelon Corporation In FPA Section 206 complaint proceedings and other matters at FERC.
- Advised and represented Dominion Energy in connection with FPA Section 203 applications before the FERC.
- Advised Kinder Morgan Energy Partners before FERC.
- Represented and advised Cheniere Energy before FERC.
- Represented Freeport LNG before FERC.
- Represented and advised Sempra Energy before FERC.
- Represented Kairos Aerospace before FERC.
- Represented Pepco Holdings, Inc. (PHI) before FERC and in PHI matters before the Public Service Commission of the District of Columbia.
Speaking Engagements
- "Cooperative Federalism under the Federal Power Act," Arizona Competitive Power Alliance Summer Conference, Coronado, CA, August 8, 2024
- "Importance of LIHEAP and other Utility Assistance Programs," National Press Club, Washington, DC, January 15, 2024
- “FERC Update," Arizona Chamber of Commerce, October 2, 2023
- “FERC Transmission Policy Update," Center for Public Utilities, Santa Fe, NM, April 17, 2023
- "What Evolving Legal Frameworks Mean for Us and the U.S. Energy Grid," ABA SEER Energy Transition Conference, November 4, 2022
- "A Global Energy Crisis and the Federal Energy Regulatory Commission: A Discussion of Challenges and Opportunities," Federalist Society FERC Symposium, October 19, 2022
- "FERC in the Cross Hairs," Law Seminars International’s Electric Power in the Southwest, August 18, 2022
- Speaker and Program Co-Chair, "Impact of FERC's Energy Industry Regulatory Policy," Law Seminars International's Electric Power in the Southwest 18thAnnual Conference, Santa Fe, NM, August 26, 2021
- EBA Energy Exchange Podcast – EBA – June 7, 2021 (Season 1, Episode 6)
- "Energy Policy Under President Biden: Looking Into the 2021 Crystal Ball and Beyond," EBA 2021 Western Chapter Annual Meeting, February 24, 2021
- "Former FERC Commissioners Perspective on President Biden's FERC", 2021 Energy Bar Association Annual Meeting & Conference, May 12, 2021
- Speaker and Program Co-Chair, "FERC Update," Law Seminars International's Electric Power in the Southwest 17thAnnual Conference, Law Seminars International – August 16, 2020
- Speaker and Program Co-Chair, "FERC Report," Law Seminars International Electric Power in the Southwest 16th Annual Conference, Santa Fe, NM, July 15, 2019
- "Income Tax Allowance," Center for Public Utilities, Santa Fe, NM, April 8, 2019
- "FERC Report," Buying & Selling Electric Power in the Southwest 15th Annual Conference, Law Seminar International, Santa Fe, NM, August 6, 2018
- Keynote address to the Canadian Energy Law Forum, Toronto, Canada, May 8, 2018
News & Publications
Press Releases
Rye Development Selected to Receive $81 Million for Lewis Ridge Pumped Storage Project
March 22, 2024
Media Mentions
February 16, 2024
Media Mentions
November 16, 2023
Client Alerts
Broad Implications If FERC Sides with State AGs’ Effort to Limit ESG Investing
May 25, 2023
Client Alerts
Lions, Tigers, and Energy – Oh My!
October 18, 2021
By: William M. Keyser, Daniel A. Mullen, Richard L. Roberts, Marc L. Spitzer
Client Alerts
October 28, 2020
By: Daniel A. Mullen, Marc L. Spitzer, Richard L. Roberts, Jennifer L. Key
Media Mentions
S&P Global Quotes Marc Spitzer on FERC Policy Changes in New Administration
October 28, 2020
Events
Seminars & Events
What’s Next for FERC Ratemaking?
June 22, 2023
Speaker: Marc L. Spitzer
Webinars
2nd Annual Regulatory Symposium: Elections Matter
October 22, 2020
Speakers: Christopher R. Conte, Micah S. Green, Marc L. Spitzer, Lisa M. Zarlenga
Noteworthy
- Lawdragon, 500 Leading Energy Lawyers (2025)
- Legal 500 US, Energy: Regulatory: Conventional Power (2013, 2017-2019)
- Legal 500 US, Energy: Litigation: Conventional Power (2016-2017)
- Super Lawyers, Washington, DC, Energy & Resources (2017-2021)
- AzBusiness Magazine, Arizona's Top Lawyers: Renewable Energy (2013)
- Ranking Arizona Magazine, Top Lawyers: Renewable Energy (2013)
- Recipient of awards for public service from more than 60 organizations
- Recipient of Exceptional Achievement Award from State Bar of Arizona
Previous Employment
- Commissioner, Federal Energy Regulatory Commission (2006-2011)
- Commissioner, Arizona Corporation Commission (2001-2006), Chairman (2003-2005)
- Marc L. Spitzer, Attorney at Law (2001-2006)
- Arizona State Senator (1993-2001)
- Chair, Judiciary Committee (1999-2001)
- Senate Majority Leader (1996-1999)
- Chair, Finance Committee (1994-1996)
- Attorney, KPMG LLP (1996-2001)
- Attorney and Partner, Fennemore, Phoenix, AZ (1982-1995)