Todd Mullins, managing partner of the firm’s Washington, D.C., office, was quoted by
the energy news service
S&P Global Platts on the Federal Energy Regulatory Commission’s recent decision to end an
investigation of Footprint Power LLC’s bidding practices at a power station
in Salem, Massachusetts. The move came after the company persuaded FERC
staff to urge the commission to drop the investigation.
The report noted that the case is significant because it is unusual for
FERC staff to reverse course once an investigation is public. But in this
case, Footprint presented evidence to counter allegations that it had not
maintained sufficient fuel reserves to operate the power station. FERC
staff then recommended that the commission drop the case and assess no
Mullins, a leader of McGuireWoods’ energy enforcement practice and former
branch chief at FERC’s Division of Investigations, told Platts
that FERC’s reversal was the result of a unique situation and may not set a
precedent for other cases.
“We can expect FERC staff to point to this as an example of the
meaningfulness of the agency process before respondents force court action
to enforce any penalty,” he said. “Though we can also expect respondents to
observe that, as here, ultimately the Commission tends to do what the staff
The article was published on multiple S&P platforms, includingSNL Power Daily, SNL Energy Finance Daily, SNL Electric Utility Report, SNL Generation Markets Week
and SNL Power Policy Week.
Mullins and Raleigh associate
(both Government Investigations & White Collar Litigation) anticipated
the case’s outcome in a
Nov. 13, 2018, column in Law360.