Thomas Millar

Associate

Washington
Willkie Farr & Gallagher LLP
1875 K Street, N.W.
Washington, DC 20006-1238
T 202 303 1144
F 202 303 2144
tmillarwillkie.com

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.

+ Continue Reading

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.

Selected Significant Matters

  • Defended a large multinational bank and financial services company and the individual defendants before FERC and in federal district court on de novo review under the Federal Power Act against allegations that the defendants manipulated western electricity markets and should pay nearly $500 million in penalties and disgorgement. 
  • Defended a large multinational bank and financial services company in the Southern District of New York against class action allegations arising from FERC market manipulation allegations.
  • Defended BP America Inc., BP Corporation North America, Inc., BP America Production Company and BP Energy Company before FERC with respect to allegations that the company manipulated natural gas prices and should pay more than $20 million in penalties and disgorgement.
  • Defended Total Gas & Power North America, Inc. (“TGPNA”) and the other defendants with respect to allegations that the company manipulated natural gas prices and should pay more than $225 million in penalties and disgorgement.
  • Defended Louis Dreyfus Energy Services with respect to alleged manipulation of MISO FTR markets by trading virtually, achieving favorable settlement.
  • Defended numerous other banks and international commodities trading companies in market manipulation and enforcement investigations before FERC and the CFTC, successfully convincing staff to take no action.
  • Advised one of the world’s largest sovereign wealth funds in successful investment in U.S. FERC-jurisdictional electricity assets.
  • Advised on numerous other investments in FERC-jurisdictional assets.
  • Represented major aluminum manufacturer in month long state electricity rate case before the Ohio Public Utilities Commission.
  • Conducted compliance training and drafted compliance handbooks for numerous energy trading companies on FERC and CFTC regulations.

Publications / News / Events

+ View All Publications / News / Events