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Patrick Ferguson

Partner

San Francisco Office

Patrick helps clients develop, sell, and operate renewable energy, storage, and transmission projects throughout the United States. Recognized as a market-leading authority in energy regulatory law, Patrick guides clients through the transition of the electric power grid to renewable resources.

Patrick has worked on renewable development projects in every state in the Western United States. He represents some of the country’s largest independent power producers in wholesale and retail energy 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 drafting and negotiating key commercial transactions.

Described by Chambers USA as “sought out by energy companies for his expert regulatory and commercial advice as well as his strength in proceedings before the CPUC,” Patrick has a particular focus on commercial contracting, dispute resolution, and regulatory policy involving the California Public Utilities Commission (CPUC), California Independent System Operator (CAISO), and the California Energy Commission (CEC).

  • 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).

    Power Purchase Agreements

    • Independent power producer 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.
    • Corporate and utility buyers in the purchase of renewable energy and capacity, including through PPAs, “virtual” PPAs, and hedging transactions as well as purchase and sale agreements to acquire utility ownership of the resources.

    Carbon Offset Transactions

    • Carbon market broker in the design, commercial contracting, and implementation of a marketplace to facilitate the sale of forest-based carbon offset credits to corporate buyers.
    • Technology clients and other corporate ESG buyers in the purchase and sale of carbon offsets accredited by Verra and the American Carbon Registry (ACR).
    • Corporate buyers in various partnership and purchase arrangements to help fund developers of novel carbon-removal technologies around the world.

    Transmission and Interconnection

    • Merchant transmission developer in the creation of a first-of-its-kind cost recovery model to allow for the development of a high voltage transmission line that will deliver wind energy from Wyoming to California.
    • Independent power producers in the negotiation of interconnection agreements, commercial arrangements, and related dispute resolution with utilities and other transmission owners, particularly in the CAISO market.

    Project Development and M&A

    • Independent power producers in the sale of both new and existing renewable projects, including through company sales, asset sales, joint ventures, and tax equity partnerships.
    • Developers and investors in the acquisition of project assets, sites, and interconnection queue positions.
    • Developers with projects involving all types of “novel” technologies, including carbon capture and sequestration, aggregated demand resource, long-duration storage, and pumped hydro storage.

    CPUC Policy and Certificate Proceedings

    • Independent power producers in California energy regulatory proceedings involving integrated resource planning, resource adequacy, energy storage, and distributed energy resources.
    • Investors in the purchase and sale of regulated utility assets that require regulatory pre-approval, including energy facilities, natural gas storage facilities, water companies, and transmission assets.