Todd is managing partner of the Washington office and 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 20 years.
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).
Board Member, The George Washington University Energy Law Advisory Board (ELAB)
Member, Antitrust, Public Utilities and Litigation Sections, American Bar Association
Member, District of Columbia Bar Association
Member, Maryland Bar Association
Member, Compliance & Enforcement Committee, Energy Bar Association
Capital Campaign Committee; Past Chairman, Congregational Council; Past Chairman, Board of Trustees; Past Chairman, Church Council, Foundry United Methodist Church
Past Cubmaster; Past Committee Member, Cub Scout Pack 641, Boy Scouts of America
Selected for inclusion in America’s Leading Lawyers for Business, Energy: Electricity (Regulatory & Litigation), Nationwide, Chambers USA, 2012-2016, 2018
Selected for inclusion in America’s Leading Lawyers for Business, Energy & Natural Resources, USA, Chambers Global, 2015-2018
Selected for inclusion as a "Leading Lawyer," Energy Litigation: Conventional Power; Energy Regulatory: Conventional Power, Washington, D.C., Legal 500 US, 2017-2018
Selected for inclusion as a "Leading Lawyer," Corporate Investigations And White-Collar Criminal Defense, Washington, D.C., Legal 500 US, 2016-2018
S&P Global Platts Quotes Todd Mullins on Rare FERC Reversal in Investigation
March 15, 2019
McGuireWoods’ Energy Team Highly Ranked in Chambers and Partners’ Global Guide
February 20, 2018
McGuireWoods’ International Trade, Energy Practices Highly Ranked in Chambers and Partners 2017 Global Guide
March 30, 2017