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 to power, gas, and oil proceedings before FERC and he has proven experience in all energy resources.
In addition to his Presidential nomination to FERC, Marc also served six years on the Arizona Corporation Commission (ACC), including a term as ACC chairman during where he authored the first and most far-reaching Renewable Portfolio Standard. First elected to the Arizona State Senate in 1992, he served four terms, including as Senate Majority Leader.
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." He is regularly called upon as a lecturer on energy law across the United States and internationally.
His electric utility clients have included Southern Company, Duke Energy, Pepco, Edison Electric Institute, Southern California Edison, Arizona Public Service, Salt River Project, San Diego Gas and Electric, Hunt Utility Company, Tucson Electric Power, and Exelon for regulatory and public policy work. Marc also represents natural gas and oil pipeline clients such as Sempra Energy, Kinder Morgan, Southwest Gas, Rockies Express, Energy Transfer Partners, Enbridge, and Freeport LNG before FERC and other federal and state agencies.
- 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
- Representing Arizona Public Service Company before Federal Energy Regulatory Commission (FERC) and Arizona Corporation Commission (ACC).
- Representing 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 at FERC under Federal Power Act Section 204.
- Represented Salt River Project in Federal District Court antitrust litigation and proceedings at the ACC and before FERC.
- Represented Pepco Holdings In FPA Section 206 complaint proceedings at FERC.
- Advised and represented Oaktree Capital Management in connection with FPA Section 203 matters at FERC.
Speaking Engagements
- "What Evolving Legal Frameworks Mean for Us and the U.S. Energy Grid," ABA SEER Energy Transition Conference, November 4, 2022
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"A Global Energy Crisis and the Federal Energy Regulatory Commission: A Discussion of Challenges and Opportunities," Federalist Society FERC Symposium, October 19, 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 16thAnnual 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 15thAnnual 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
By: William M. Keyser, Marc L. Spitzer, Carol R. Gosain, Cary Glynn
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
- 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)
- Arizona State Senator (1993-2001)
- Chair, Judiciary Committee (1999-2001)
- Senate Majority Leader (1996-1999)
- Chair, Finance Committee (1994-1996)