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Todd Mullins Partner

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Washington, D.C. T +1 202 857 1752 F fax +1 202 828 3320
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Todd serves as chair of the Energy Enforcement practice group.

He represents energy clients with enforcement and compliance matters involving the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), the North American Electric Reliability Corporation (NERC) and other regulators, as well as related government and private litigation. He co-led the development of McGuireWoods’ FERC Enforcement Reporter, an innovative, web-based legal research tool that organizes information about FERC enforcement cases and policy statements topically.

Prior to joining McGuireWoods, Todd was a branch chief at the Federal Energy Regulatory Commission’s Division of Investigations, Office of Enforcement in Washington, D.C., from 2006 to 2010. There, he led cases and policy development for FERC under the Energy Policy Act of 2005, including market manipulation cases (e.g., Amaranth/Hunter, the first FERC market manipulation case), electric reliability matters (e.g., Florida Blackout, the first FERC electric reliability case, Office of Enforcement lead on Order No. 693 that approved the Reliability Standards), general enforcement program matters (policy statement development, development of practices, prosecutorial discretion standards), and developing FERC’s “Penalty Guidelines” that will have a significant impact on compliance programs and enforcement matters. These all have significance under the “$1 million per violation, per day” civil penalty authority implemented under EPAct 2005.

In private practice and in government, Todd has been involved in various forms of litigation and enforcement involving energy matters for more than 30 years.

Experience

McGuireWoods

  • Representation of multiple energy traders in several FERC investigations.
  • Representation of client in FERC/NERC “Southwest Outages” Inquiry.
  • Representation of energy firms in CFTC and FERC trading investigations.
  • Representation of client in FERC/NERC “September 8 Event” Inquiry.
  • Assist electric clients with reliability compliance and audit preparation.
  • Counseling of multiple clients on FERC and NERC settlement and investigation matters.
  • Assist energy clients with compliance program design and employee training.

FERC

  • Amaranth/Hunter – FERC’s first exercise of its anti-manipulation authority and the largest civil penalty case in its history. Litigated the case in the courts, and after settlement with all respondents except the lead trader Brian Hunter, at hearing at the Commission. This three-week, 13-witness, Commission ALJ hearing in August 2009 was the first trial of an enforcement matter under EPAct 2005, and resulted in a finding of manipulation and then record $30 million civil penalty.
  • Florida Blackout – FERC’s first investigation under the new Electric Reliability Standards; coordinated with NERC investigation. Resulted in then record $25 million settlement and substantial compliance requirements.

Prior Private Practice

  • Litigation in energy sector including actual trial experience – jury trial, bench trial, arbitration, and appeal. Included prosecution of numerous claims in some of the largest complex multiparty cases in the history of the nuclear power industry against a major vendor for defective equipment (e.g., Carolina Power & Light Corp. v. Westinghouse Electric Corp., 1990 R.I.C.O. Business Disputes Guide (CCH) 7494 (W.D. Pa. 1990).

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