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Patrick Ferguson

Partner

San Francisco

Patrick helps clients originate, develop, and operate renewable energy, storage and transmission projects throughout the United States. Recognized as a market-leading authority in energy regulatory law, Patrick helps companies implement first-of-their-kind commercial strategies to lower their carbon footprint or sell carbon-related products.

Patrick is described by Chambers USA as “an excellent writer”, an “expert on the California power market", and “experienced across a range of assets including solar and geothermal power plants and transmission lines.” He works on commercial and regulatory challenges involving the transition of the electric power grid to renewable resources, and represents some of the country’s largest power producers in wholesale and retail energy and capacity market transactions.

Patrick advises solar, wind, geothermal, and energy storage project sponsors on site acquisition, transmission, and power purchase agreement negotiations. He also assists producers of new technologies that combat climate change, including renewable fuels, carbon capture, and carbon offset credits, in structuring novel commercial transactions.

  • Project Development

    • Geothermal developers in the negotiation and drafting of commercial agreements with utilities and corporate offtakers across the Western US.
    • Storage developers in long-term tolling and capacity agreements for 3+GWs of energy storage capacity across the country, including in CAISO, ERCOT, MISO, SPP and PJM markets.
    • Developers with projects involving “novel” technologies, including carbon capture and sequestration, aggregated demand resource, long-duration storage, and pumped hydro storage.

    Power Purchase Agreements

    • Geothermal power produces in the sale of bundled renewable energy and capacity to numerous California utilities and community choice aggregators. 
    • Large independent power producers in sale of bundled energy and capacity from a wide range of existing and new-build resources, including combined-cycle gas units, solar, wind, geothermal, biomass, and energy storage resources to utilities and corporate offtakers.
    • Renewable and storage developers in bidding, negotiation, and sale of RA to California load serving entities, including import and pseudo-tie resources.

    Behind-the-Meter Projects

    • Independent power producer in the development of 2+ GWs of distributed solar + storage resources behind the meter to support green hydrogen and data center loads.
    • Corporate buyer in the purchase of a 30 MW solar+storage facility to support its on-site operations
    • Utility in developed of Virtual Power Plan model to purchase and aggregate of thousands of residential solar + storage devices to be operated as a centralized demand response resource.
    • Corporate and utility buyers in the purchase of renewable energy and capacity, including through PPAs, and hedging transactions as well as purchase and sale agreements to acquire utility ownership of the resources.

    Resource Adequacy Contracting

    • California’s largest independent power producer in the structuring, negotiation, and sale of resource adequacy capacity (RA) from natural gas, geothermal, solar, and energy storage resources.
    • Renewable developers in bidding, negotiation, and sale of RA to California load serving entities, including import and pseudo-tie resources.
    • Arizona utility in purchase and aggregation of thousands of residential solar + storage devices to be operated as a centralized demand response resource.
    • Investors and other market participants in establishing CAISO wholesale market participation and preparation of enabling agreements (WSPP, EEI, ISDA).

    Transmission and Interconnection

    • Regulatory and commercial counsel related to development of the HVDC TransWest Express Transmission project.
    • Merchant transmission developers in the CAISO and MISO competitive transmission markets.
    • Independent power producers in the negotiation of interconnection agreements, commercial arrangements, and related dispute resolution with utilities and other transmission owners.

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