Miller, Mark

Mark Miller




Mark Miller is Co-Chair of the Firm’s Construction Practice Group. He focuses on business transactional matters with an emphasis on the development, financing, operation, management and purchase and sale of energy, industrial and real estate projects. Mark has substantial experience representing developers, purchasers and sellers of power generation facilities and purchasers and sellers of electricity and natural gas in wholesale and retail markets. His experience also includes a broad variety of commercial transaction matters.

Representative Experience

Mark’s experience includes the representation of:
  • The developer of a 51 MW natural gas fueled peaking power generation project in Texas, including negotiation of power purchase agreements with electric cooperatives, equipment purchase agreements with key equipment suppliers, EPC contract, fuel and power interconnection agreements, project financing documents and closing of project financing
  • The developer of a cogeneration project in Texas, including negotiation of energy services agreement with industrial steam host, equipment purchase agreements with key equipment suppliers, EPC contract and the site lease
  • A major U.S. power company in connection with the expansion of its Deer Park and Channel Energy Centers by approximately 260 MW each, including turbine refurbishment contracts, HRSG purchase contracts and EPC contracts
  • Private and publicly traded independent power generation companies in numerous transactions involving the purchase and sale of power generation assets in various locations across the United States
  • Independent power generation companies in connection with responding to RFPs and negotiating power purchase and tolling service off-take agreements
  • A major U.S. electric utility in connection with its power procurement activities, including the negotiation of long-term power purchase agreements and the development of form power purchase and tolling agreements for use with its periodic RFPs
  • A natural gas marketer in connection with a gas sales agreement secured by the assets comprising the gas purchaser's power generating facility, including negotiation of associated intercreditor agreements with the project's lenders
  • A major international company in connection with its roles as an investor in, and EPC contractor for, a nuclear power facility expansion project in Texas
  • A midstream natural gas company in the preparation and negotiation of an EPC contract for a gas processing facility
  • A crude oil pipeline developer in Texas right-of-way acquisition matters relating to transnational crude oil pipeline project
  • Various companies in connection with the development, construction, financing and leasing of crude oil storage and terminal facilities
  • Retail energy companies in developing customer contract forms, in negotiating wholesale supply contracts and in their acquisition of other retail energy companies
  • Wholesale energy marketing and trading companies in various contexts, including asset management and optimization transactions involving power generation and other energy facilities and antitrust training and compliance matters
  • Oil and gas exploration and production companies in energy trading and hedging transactions, including hedging transactions integrated with syndicated credit facilities
  • Numerous commercial and industrial power and gas customers, including a major metropolitan municipality, in reviewing and negotiating retail power and gas supply agreements
  • A major metropolitan municipality in all facets of development and operation of a major regional surface water treatment plant, including preparation and negotiation of a ground lease, pipeline easements, water supply contracts and a design, build and operations service agreement
  • Event host, advertising sponsors and team owners in preparing and negotiating sports related naming rights, sponsorship and marketing agreements involving an NFL stadium, major league and minor league baseball teams and stadiums, an NBA arena, an MLS team and an MLS stadium and a PGA Tour tournament
  • Various landowners, lessees and project participants in connection with long-term ground lease transactions, including transactions providing for the development and construction of a power plant, an office building, crude oil storage facilities, air separation and other industrial facilities
  • Landowners in transactions involving analysis, development and marketing of surface water and groundwater resources
  • Investors in projects involving the purchase, expansion and development of water desalination plant projects in the Caribbean
  • Various lenders and financial institutions providing secured financing for acquisition of businesses, real estate and real estate development projects
  • Owners, purchasers and licensees in various transactions involving the purchase, sale, licensing and marketing of technology and intellectual property assets and rights
  • A consumer product manufacturer in preparation and negotiation of dealer agreements and international distribution agreements
  • U.S. and international food and beverage companies in the preparation and negotiation of product supply and co-manufacturing and co-packing agreements
  • A Texas-based restaurant entrepreneur in transaction with third party for nationwide development of themed restaurants

Professional History

  • Partner, Locke Lord LLP
  • Senior Counsel, Enron Energy Services (1997-1999)
  • Associate, Liddell, Sapp, Zivley, Hill & LaBoon, LLP (1991-1997)

Professional Affiliations and Recognitions

  • Member, State Bar of Texas 
  • Member, Houston Bar Association 
  • Named, Lawyer of the Year (Houston), The Best Lawyers in America®, Derivatives and Futures Law (2014)
  • Named, The Best Lawyers in America®, Derivatives and Futures Law (2007-2021)