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Tom Millar
Tom handles a broad array of power and gas transactional and enforcement matters before the Federal Energy Regulatory Commission (FERC) and in federal court, from complex transactions involving FERC-regulated assets to the most sophisticated market manipulation enforcement actions.
Key Matters
Selected Enforcement Defense Experience
- Represented major international bank in FERC enforcement action and resulting litigation in federal court alleging manipulation of California electricity markets and seeking nearly US$500M in penalties and disgorgement.*
- Represented three traders in first-ever enforcement action involving alleged foreign corruption in a joint investigation by the Department of Justice and Commodity Futures Trading Commission that settled for a combined US$16M.*
- Represented a major international natural gas and liquified natural gas trading company in alleged market manipulation action by FERC seeking more than US$220M in penalties and disgorgement.*
- Represented a Big-5 oil company in FERC enforcement action for alleged manipulation of the Texas natural gas market and before U.S. Court of Appeals for the Fifth Circuit.*
- Represented a major international commodity trading firm in FERC enforcement action and resulting litigation in federal court alleging manipulation of California electricity market.*
- Represented a major international commodity trading firm in FERC enforcement action alleging manipulation of Midcontinent Independent System Operator, Inc. electricity market.*
- Represented many other wholesale energy and commodity companies and financial institutions in FERC and CFTC investigations, many of which were closed without the initiation of enforcement actions.*
Selected Significant Transactions with a FERC Regulatory Component
- Represented a top-five bank with respect to capacity monetization transactions in PJM Interconnection LLC.*
- Represented LS Power and REV Renewables in a US$300M+ equity investment by SK E&S in REV to accelerate the expansion of REV's portfolio of renewable power and energy storage projects.*
- Represented Gainline Capital Partners in equity investment in Atlantic Energy, a retail electric provider with market-based rate authority from FERC.*
- Represented Atlas Holdings LLC in unsolicited takeover bid of Verso Corporation at an enterprise value of approximately US$886M.*
- Represented BKV Oil & Gas LLC, an affiliate of Banpu Pcl, in its US$830M acquisition of Devon Energy Corp.’s Barnett Shale assets.*
- Represented Tonopah Solar Energy LLC in connection with its bankruptcy and the sale of the Crescent Dunes Solar Energy Project to ACS Servicios Comunicaciones y Energía S.L. in a transaction valued over US$300M.*
- Represented a large sovereign wealth fund in significant equity investment in U.S. pumped storage assets.*
- Represented many other significant transactions, including several midstream companies with respect to bids for U.S. energy assets.*
*Matters handled prior to joining Winston & Strawn.