Overview

Marvin is a partner in the firm’s Energy and Corporate Transactions & Securities practices. He counsels electric utilities, clean technology companies, interstate and intrastate natural gas and oil pipeline companies, local distribution companies, large end-users and energy marketers on complex transactions.

Marvin has served as regulatory counsel on mergers, asset divestitures and acquisitions as well as in new infrastructure and rate proceedings. He represents a wide range of energy companies before the Federal Energy Regulatory Commission (FERC) and other federal and state agencies and courts, and served as counsel to a demand response petitioner that successfully appealed FERC’s Order 745 before the Supreme Court of the United States.

Marvin drafts and negotiates contracts related to the purchase and sale of energy resources and related transmission and storage services; advises energy companies in enforcement investigations and the design and implementation of regulatory compliance programs; analyzes regulatory risk and provides regulatory advice to investment banks and private equity fund managers on energy transactions; and represents demand response providers in new regulatory initiatives and proceedings.

Marvin served as a member of the U.S. government-designated Gore-Chernomyrdin Committee, comprised of U.S. energy companies and energy executives advising the Russian government on restructuring and revising its tariff system. Marvin is also articles editor for Energy Law Journal.

Experience
  • Counsel to Western U.S. city on regulatory and legislative initiatives to prevent early closure of low-cost, coal-fired baseload generator.
  • Represent large manufacturing facility in contract negotiations involving new electric and gas supply arrangements.
  • Represented Southwestern U.S. utility in sale of its California retail electric distribution assets.
  • Counseled electric cooperative on acquisition of 119-mile electric transmission delivery system located in Kansas, Oklahoma and Texas from Xcel Energy.
  • Advised in the acquisition of electricity and gas distribution interests and systems in New Hampshire and Maine.
  • Counseled Canadian company in $900 million acquisition of wind generation interests in the United States with a total combined capacity of 480 megawatts.
  • Regulatory counsel on $240 million construction and term loan for wind farm under development in Missouri.
  • Regulatory counsel in federal rate and transmission proceedings for Oklahoma Panhandle electric cooperative involving company-owned and regional transmission organization matters.
  • Counsel to electric cooperative on interconnection agreements with wind project developers.
  • Defended complaint involving transmission access issues and divestiture of 216-mile, 345-kilovolt bulk power Eastern Interconnection Project interstate transmission line.
  • Advised on federal transmission access issues for Texas cogeneration facility.
  • Represented major demand response provider in state and various organized electric markets operated by PJM, ISO New England Inc., the Midwest Independent Transmission System Operator Inc. and the New York Independent System Operator Inc.
  • Regulatory counsel to midstream natural gas company on $260 million pipeline and storage expansion project in Marcellus shale-producing region.
  • Represented New York Stock Exchange-listed master limited partnership on more than $800 million in natural-gas storage cavern acquisitions.
  • Negotiated natural gas supply and transportation arrangements for interstate pipelines (e.g., Alabama-Tennessee Natural Gas Co.), natural gas local distribution companies (e.g., Niagara Mohawk; Boston Gas) and large industrial electric and gas customers.
  • Regulatory counsel to interest owner of Keystone Pipeline.
  • Co-counsel for large shipper in multimillion-dollar oil pipeline transportation, product storage and cost recovery arbitration involving Alliance Refinery and Colonial Pipeline.
  • Regulatory audit of 238,000-barrels-per-day refinery in Northeast for major independent oil company.
  • Advise investment banks and hedge funds on utility mergers and other complex energy transactions.
Publications
  • Co-author, “Opportunities for the Oil Industry in  NAFTA Renegotiations,” Law360, January 2018
  • “FERC Proposes Cybersecurity Incident Reporting Rule,” Thompson Hine Privacy & Cybersecurity Update, January 2018
  • Co-author, "The QER On Demand Response And Efficiency," Law360, March 2017
  • Co-editor, "Energy Policy Act of 2005, Title III Summary and Analysis of Major Provisions," Chapter 5, Regulation of the Gas Industry, 2016 and 2017
  • Co-author, "This Means War, but Are We Prepared for Cyber Warriors?" Intelligent Utility, May 2015
  • Author, “Cybersecurity and the Electric Grid,” Intelligent Utility, September 2014
  • Author, “What’s New About the FERC’s New Utility Merger Policy?” Public Utilities Fortnightly, February 1997
  • Author, “Recent Federal Initiatives to Promote the Use of Natural Gas and Unconventional Gas: High Octane Delivery or Just Hot Air?” International Unconventional Gas Symposium Proceedings, 1995
  • Author, “Take-or-Pay Clauses and New Gas Supply Arrangements in Today’s Gas Market,” Natural Gas Journal, 1986
Presentations
  • Instructor, Master Class on Building an Effective Compliance Program, American Conference Institute, May 2016
  • Speaker, "The Potential for National Carbon Trading - The Clean Power Plan Under Attack," American Conference Institute, May 2016
  • Speaker, “Cybersecurity and Energy Markets – the Law,” American Conference Institute’s Forum on Energy Trading, Washington, D.C., November 2013
  • Conference organizer and developer, “Laying the Foundation for a Sustainable Energy Future: Legal and Policy Challenges,” co-sponsored by The George Washington University Law School, the Environmental Law Institute and the Constellation Energy Foundation, April 2013
  • Speaker, “Load Participation as a Resource in Energy Markets: A Solution to a Utility Problem,” Annual Conference on the Law of Demand Response, October 2011
  • Moderator, “Whose Data Is It Anyway?” Peak Load Management Alliance webinar, February 2011
  • Speaker, Annual Conference on the Law of Demand Response, Washington, D.C., December 2010
  • Speaker, “Public Enterprise Restructuring: Case Studies of the U.S. Oil and Natural Gas Industry,” U.S. government-sponsored delegation from Bangladesh, Nepal and multiple African countries, April 2003
  • Speaker, “Restructuring and Convergence: Successful Strategies in the Energy Services Marketplace,” Public Utilities Reports Inc. conference, May 1997
  • Speaker, “Order No. 636 and Other Federal Regulatory Developments Affecting the Natural Gas Industry,” Eastern Coalbed Methane Forum conference, March 1993
  • Lead trainer, “Bringing Regulatory Reform to the Oil and Gas Sectors of Central Asian States as a Means of Facilitating Increased Capital Investment,” U.S. Agency for International Development program for officials from Kazakhstan, Turkmenistan and Uzbekistan in Atyrau, Kazakhstan, March 1999
Distinctions
  • Outstanding Performance Award, Office of the General Counsel, Federal Energy Regulatory Commission, 1988
  • First Prize, Nathan Burkan Memorial Writing Competition, American Society of Composers, Authors and Publishers, 1980
Professional and Civic

Professional Associations

  • American Bar Association
  • Energy Bar Association

Professional Activities

  • Articles editor, Energy Law Journal
News