Maxwell Multer helps clients realize their business goals in the highly regulated energy space through strategic and transactional advice, as well as representation in regulatory and enforcement matters before the Federal Energy Regulatory Commission (FERC), state utility commissions, and other regulatory authorities. Before joining BCLP, Maxwell was in-house counsel with a regulated electric and natural gas utility and its unregulated affiliate. Serving the public in FERC’s Office of Enforcement before that, he managed and supported a variety of investigations in the electric, natural gas, and hydroelectric industries nationwide, from inception through litigation in federal court.

Drawing on insights regarding the regulated utility business model, utility ratemaking/tariff design, and the practical interplay between federal and state regulation of energy, Maxwell helps clients with project developments and redevelopments, acquisitions, project sponsorships, FERC and state commission rate cases, transmission and distribution interconnections, and ISO/RTO issues, among other energy related matters.  He also assists project developers, purchasers, and sponsors with federal and state incentives such as tax credits, loan guarantees, forgivable loans, renewable energy credit (REC) contracts, and other financial incentives for development of clean energy, energy storage, and advanced fuels infrastructure.

Maxwell’s representation in the area of market manipulation enforcement is strengthened by globally impactful scholarship and experience working on many of the biggest and most novel market manipulation cases pursued by FERC, including Energy Transfer Partners, Total Gas and Power North America, and GreenHat Energy.  His authoritative writings on manipulation have been cited by scholars and courts in America, Europe, Russia, Japan, and the Middle East.        

Maxwell’s practice focuses on four core areas:

• Regulatory Planning, Advocacy, and Compliance
  • In addition to various periodic reporting requirements, FERC requires prior approval for many activities, such as certain acquisitions or dispositions of jurisdictional facilities, the issuance of securities, or making a change to the rates or conditions imposed on customers.  Permitting requirements for energy projects vary by state, locality, and project type.  Maxwell helps clients understand the regulatory landscape and pursue the right path forward for their situation.    
• Enforcement and Market Manipulation
  • In the high stakes area of energy enforcement, Maxwell represents clients in all aspects of FERC investigations and the FERC enforcement process, from initial contact through resolution, including pre-enforcement inquiries by ISO/RTO Independent Market Monitors or FERC Enforcement’s Division of Analytics and Surveillance.  He also advises on compliance programs and the preparation and filing of FERC and NERC self-reports.  
• Transactions and Agreements
  • Maxwell represents and advises clients in transactional matters and in the negotiation and drafting of energy related commercial agreements, such as energy and/or capacity purchase agreements (including EEI and ISDA frameworks), REC agreements, Engineering, Procurement, and Construction (EPC) agreements, asset management agreements, scheduling coordinator agreements, operation and maintenance agreements, and shared facilities agreements.            
• Policy Advisory and Stakeholder Advocacy
  • Energy is a dynamic substantive area with frequent regulatory developments in multiple venues, including at FERC, the Department of Energy, ISO/RTOs, state utility commissions, and other regulatory authorities. Maxwell helps clients digest the scope and implications of new regulatory developments, hone effective advocacy positions based on their organizational goals, and engage in impactful participation in the relevant stakeholder processes.