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Todd Mullins
Partner 
2001 K Street N.W.
tmullins@mcguirewoods.comSuite 400 Washington, D.C. 20006-1040 F: 202.828.3320     |
Mr. Mullins serves as chair of the Energy Enforcement practice group. He represents energy clients with enforcement and compliance matters involving 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 private litigation. His experience includes leading 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), and general enforcement program matters (policy statement development, development of practices, prosecutorial discretion standards).
Most recently, he was instrumental in developing FERC's "Penalty Guidelines" that will have a significant impact on compliance programs and enforcement matters. These all have significance under the new "$1 million per violation, per day" civil penalty authority implemented under EPAct 2005.
- 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
- 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).
- Branch Chief, Federal Energy Regulatory Commission, Division of Investigations, Office of Enforcement, Washington, D.C., 2006-2010
- Howrey LLP, Partner (1998-2006), Associate (1989-1998), Washington, D.C.
- "0, 1, 2 or 3? What is YOUR Compliance Score with the Federal Energy Regulatory Commission?" Corporate Compliance Insights, January 20, 2012
- Contributor on Reliability, Report of the Compliance & Enforcement Committee, Energy Law Journal (EBA), Spring 2011
- "A Trial Lawyers Guide to Surreptitious Audio Evidence," Litigation (ABA), (with Andrea D. Farinacci), Spring 2005 at 27
- "Functional Discounts after Hasbrouck; A Litigator's View," ABA Section of Antitrust Law Robinson-Patman Act Newsletter, Vol. 3, no. 1, Fall 2004 at 2
- "The Paralegal Program: Resolving Issues of Management, Status, Compensation, and Assignments," Legal Times, December 4, 2000
- Guest Lecturer, Energy Law Course, Georgetown University Law School, 2010-2011
- "Evaluating Your Compliance Program Under FERC's Penalty Guidelines," EthicsPoint Webinar, March 8, 2012
- Tri-Annual "Enforcement Update," National Energy Compliance Forum (last in January 2012)
- "FERC's Penalty Guidelines," National Energy Compliance Forum, October 2010
- "Enforcement Developments," ACI Conference on Energy Trading Compliance, Houston, Texas, September 2010
- "FERC's New Penalty Guidelines," Energy Bar Association, Washington, D.C., July 2010
- "Recent FERC Enforcement Actions and Developments," EEI Auditors Conference, Williamsburg, Virginia, June 2010
- "CFTC and FERC Manipulation and Enforcement Practices," Energy Bar Association, Northeast Chapter, Conference on Commodity Futures Trading Commission, Washington, D.C., February 2010
- "Compliance Program Principles, Elements, Strengths, and Weaknesses," ACI Conference on Energy Trading Compliance, Houston, Texas, September 2009
- "FERC's Enforcement Program; Recent Developments and A Perspective For Practitioners," EBA Conference, Houston, Texas, October 2008
- "FERC's New Enforcement Program," Energy Compliance Network Conference, Washington, D.C., May 2007
- "FERC's New Enforcement Authority and Anti-Manipulation Rule," Global Energy Management Institute Conference on Speculation in Energy Trading Markets, Houston, Texas, January 2007
- "Budgeting For Litigation: It Can Be Done" (with Martin Cunniff), Washington Metropolitan Area Corporate Counsel Association, November 2005
- U.S. Army Reserve, First Lieutenant (last rank), Armored Cavalry, Served in U.S. Army Reserve and Army National Guard Units in West Virginia and Maryland, 1985-1989
- American Bar Association, Member, Antitrust, Public Utilities and Litigation Sections
- District of Columbia Bar Association
- Maryland Bar Association
- Energy Bar Association, Compliance & Enforcement Committee
- Foundry United Methodist Church, Washington, D.C.
- Capital Campaign Committee
- Past Chairman, Congregational Council
- Past Chairman, Board of Trustees
- Past Chairman, Church Council
- Cub Scout Pack 641, Boy Scouts of America, Arlington, Virginia
- Past Cubmaster
- Past Committee Member
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EDUCATION George Washington University, J.D., magna cum laude, 1989
West Virginia University, B.S. Finance, 1986 ADMITTED District of Columbia Maryland U.S. District Court for the District of Columbia U.S. District Court for the District of Maryland PLACE OF BIRTH Heidelberg (U.S. Army Post), FRG, 1964 |