Thomas R. Millar is an associate in the Corporate & Financial Services Department. Tom handles a wide array of power and gas matters before the Federal Energy Regulatory Commission (“FERC”) and in federal court, from typical regulatory issues to the most complex market manipulation enforcement actions. He is uniquely positioned as one of the few defense attorneys who has been involved in many of the most significant and highest-dollar market manipulation cases before FERC, in both the power and natural gas contexts and in federal district court. Tom represented the defendants in each of the most significant power and natural gas market manipulation investigations before FERC—enforcement actions seeking $487.9 million and $225.78 million in penalties and disgorgement, respectively—as well as the related federal district court class actions.
Tom began his career as a civil litigator, and his current energy clients benefit from the continuity he provides when enforcement matters transition from an agency posture to complex, sometimes multi-jurisdictional litigation in federal court against FERC, class action plaintiffs or both.
In addition to his enforcement defense and energy litigation practice, Tom regularly acts as primary FERC counsel with respect to major M&A deals involving a FERC regulatory component. His focus on regulatory matters also includes electric power and natural gas markets and rates, as well as energy sector transactions, including the representation of energy traders, financial institutions and electric utilities. He advises clients on the requirements of the U.S. Federal Power Act, the U.S. Natural Gas Act, the U.S. Energy Policy Act of 2005, the U.S. Public Utility Holding Company Act, the U.S. Public Utility Regulatory Policy Act and other federal rules and regulations affecting the energy sector.
Tom also advises, and advocates on behalf of, clients with respect to capacity market rules in restructured energy markets.