Overview

Tom Mullooly is an energy lawyer with Foley & Lardner LLP. He has in-depth experience across all regulatory aspects of the energy industry and provides counsel on contracts, mergers and acquisitions, renewable project development, and state and federal and ISO compliance issues. He has led regulatory proceedings and litigation before FERC and in state commissions across the country. Tom is head of the firm’s Energy Regulation Practice.

Recognition

The Legal 500 has recognized Tom for his work in energy project finance.

Representative Areas of Experience

ENERGY INDUSTRY CONTRACTS

Tom has negotiated, reviewed and provided risk analysis for hundreds of key electric and natural gas industry agreements, including Power Purchase Agreements, Retail Supply Agreements, Interconnection Agreements, Station Power Agreements, Transmission Service Agreements, Steam Agreements, Pole Attachment Agreements, EPC Contracts; Agreements for natural gas transportation, distribution, and lateral line extension; Advanced Meter Reading Installation and Service Agreements.

GENERATION

Tom's experience involves solar, wind, hydro, coal, natural gas, cogeneration and biomass generation.

CLIENTS AND COUNTERPARTIES

His clients have included integrated utilities, independent power producers, generation developers, strategic and financial investors, and major industrial and commercial electric and natural gas consumers. Counterparties in his transactional work have included investor-owned utilities, independent generators, MISO, PJM, SPP, NYISO, ISO-NE, CAISO, irrigation districts, cooperatives, BPA, TVA, Colorado River Water Authority, and CA Division of Water Resources.

REGIONS

He has geographic experience in over forty states and provinces and every region and RTO in the U.S., including PJM, MISO, SPP, NYISO, ISO-NE, CAISO, ERCOT, NMISA, Ontario IESO.

GENERATION DEVELOPMENT, ACQUISITION, DIVESTITURE, AND UTILITY MERGERS

Tom has led legal regulatory/business risk analysis on hundreds of power plant acquisitions valued in billions of dollars. He has negotiated key terms and conditions and identified regulatory risks and mitigation strategies. He has identified required state and federal regulatory approvals and developed and implemented strategies for successfully securing same.

REGULATORY PROCEEDINGS

Tom's recent experience includes securing approvals for sales, mergers, and acquisitions of electric power plants and natural gas utilities before state public service commissions, Federal Energy Regulatory Commission, and the Federal Communications Commission. He has counseled clients on regulatory compliance and rulemaking issues under Federal Power Act, Energy Policy Act, Public Utility Holding Company Act, and Telecommunications Act of 1996, and other state and federal statutes and regulations. He also has provided risk arbitrage advice to hedge funds regarding regulatory approvals for energy industry mergers and acquisitions and has prepared regulatory risk disclosures for SEC filings.

LITIGATION

Tom has acted as lead attorney in mediations, arbitrations, and regulatory litigation involving interconnection of wind generation, station power disputes, and telecom billing and interconnection disputes. He has experience in environmental insurance coverage litigation.

TELECOM

Tom's experience includes negotiating interconnection agreements and telecommunications service agreements. He negotiated a model pole attachment agreement for Wisconsin cable companies and municipal utilities. He has provided counsel on FCC rulemaking and on compliance matters involving radio licensees, telecommunication device makers, CLECs, and cable operators.

LEGISLATION

Tom has drafted successful legislation enacted by U.S. Congress and by Nevada Legislature and legislative proposals for other state government interests. He has testified before legislative and regulatory bodies on electric and telecom issues and worked with legislators in framing successful campaign issues.

Community Engagement

Tom regularly provides mediation services for parties involved in Children’s Court litigation matters.

Affiliations

Tom’s background in politics and government prior to his legal career includes staff positions with the Federal Communications Commission, as a special assistant to U.S. Sen. Herb Kohl in Washington, D.C., and as communications director for a state political party.

Education

Tom was awarded his law degree, magna cum laude, by Georgetown University Law Center and was named a member of the Order of the Coif (1997). He is a graduate of Georgetown University, where he received his bachelor's degree, cum laude. He also received the Distinguished Service Medal and was named a member of the Alpha Sigma Nu.

Representative Matters

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Foley advised Canadian Solar Inc., one of the world's largest solar power companies, in its acquisition of Recurrent Energy, LLC, a leading North American solar energy developer, from Sharp Corporation for approximately $265 million. This represents the largest solar transaction to date that the Foley Energy Industry Team has closed.
Foley advised Canadian Solar Inc., one of the world's largest solar power companies, in its acquisition of Recurrent Energy, LLC, a leading North American solar energy developer, from Sharp Corporation for approximately $265 million. This represents the largest solar transaction to date that the Foley Energy Industry Team has closed. The acquisition of Recurrent expanded Canadian Solar’s position as a leading solar energy developer and deepened the company’s project development and financing capabilities. The acquisition has increased Canadian Solar's total solar project pipeline by 4.0 gigawatts (GW) to a total of 8.5 GW and added approximately 1.0 GW of late-stage projects, representing a revenue opportunity of at least $2.3 billion over the next two years. The transaction closed on March 30, 2015. The Foley team was led by partners Jeffery Atkin and Jason Allen, and included partners David Clark, Jason Barglow, Jamshed Patel and Leigh Riley; special counsels Justus Britt, Jeffrey Hua and Annie Tsai; of counsel Tom Mullooly; senior counsel Holden Brooks; and associate Bill DuFour.
Represented an IPP in a joint venture regarding the acquisition and development of Nevada Solar One, a 70 MW solar thermal project in Boulder City, Nevada.