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Admitted to Practice

  • California, 2007
  • U.S. District Court Northern District of California, 2008
  • Supreme Court of California, 2008
  • U.S. District Court Eastern District of Wisconsin, 2009

Patrick J. Ferguson

Patrick Ferguson focuses on energy policy, project development, and energy-related transactions in California and throughout the western United States. He advises power producers, utilities, community choice aggregators, transmission developers, power marketers, and energy technology companies. His practice focuses 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).

Representative Experience

California energy policy

Representing Calpine in numerous proceedings before the CPUC, including Integrated Resource Planning, Resource Adequacy, the Renewables Portfolio Standard, Demand Response, Distributed Energy Resources, and Energy Storage. (Ongoing)

Power purchase agreements

Represented publically owned utility in structuring and negotiating several power purchase agreements for solar and geothermal energy. (Ongoing)

California Independent System Operator (CAISO) policy

Advising project and transmission line developers on CAISO proceedings related to the Energy Imbalance Market, CAISO regionalization, and Transmission Access Charges. (Ongoing)

Community Choice Aggregation

Advising Marin Clean Energy on transactional matters, including energy storage procurement, commercial contracting, and terms and conditions applicable to community choice aggregation. (Ongoing)

Utility-scale solar project development

Representing Liberty Utilities (CalPeco Electric) LLC in contract negotiations and the regulatory approval process related to Liberty's innovative purchase of 50 MW solar project involving tax equity financing and cost of service ratemaking. (Ongoing)

Renewable energy

Advising geothermal generators operated by Calpine Corporation in the Geysers Geothermal Area in Northern California with respect to commercial matters, disputes, and regulatory issues. (Ongoing)

The Neil Jones Food Company v. Pacific Gas & Electric Company

Representing large food processing company in California state court litigation regarding natural gas service issues. (Ongoing)

Mediation of greenhouse gas emissions compliance payment dispute

Represented group of California cogeneration facilities in contract dispute with a California utility with respect to responsibility for greenhouse gas emission compliance costs. (2014)

Regulatory approvals for natural gas supplier

Represented Texas-based natural gas supplier in obtaining license to operate as a Core Transport Agent in California. (2014)

Investigation and commercial arbitration for public utility*

Represented public utility in legal and technical investigation into the failure of its nuclear power station. (2013)

Commercial arbitration for telecommunications company*

Represented a telecommunications company in commercial arbitration at JAMS over the company’s incentive compensation policies. Tried case to complete defense verdict. (2012)

Federal environmental trials*

Represented Georgia Pacific in CERCLA actions, including two federal court trials to allocate cleanup costs for one of the country’s largest Superfund sites (PCB contamination in Fox River, Wis.). Secured court orders that resulted in no liability for client. (2010, 2012)

Criminal trial for railroad company*

Represented railroad company in state criminal trial concerning the company’s compliance with local transportation regulations. Won complete defense verdict on appeal. (2011)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Director, Regulatory Affairs, NaturEner USA, LLC, San Francisco, 2013-2014
  • Associate, Latham & Watkins LLP, San Francisco, 2007-2013
  • Summer Associate, Latham & Watkins LLP, San Francisco, 2006

Professional & Community Activities

  • Board of Directors, Power Association of Northern California, present