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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

FergusonPatrick
Partner
T415.276.6563
F415.276.6599
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), the California Energy Commission (CEC), and the California legislature.

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

Representing publically owned utilities, independent power producers, and community choice aggregators in structuring and negotiating power purchase agreements, Resource Adequacy agreements, and other types of energy-related transactions. (Ongoing)

Community Choice Aggregation

Advise MCE Clean Energy, Peninsula Clean Energy (PCE), East Bay Community Energy (EBCE), and the California Community Choice Association (CalCCA) on a wide variety of regulatory, legislative, and transactional matters, including energy storage and renewables procurement,  Resource Adequacy agreements, non-bypassable charges, and commercial contracting. (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)

Utility-scale solar project development

Representing Liberty Utilities (CalPeco Electric) LLC in contract negotiations and the regulatory approval processes related to Liberty's innovative purchase of two utility-scale solar projects (60 MW) involving tax equity financing and cost-of-service ratemaking. (Ongoing)

Geothermal energy

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

Energy storage

Advising energy producers, community choice aggregation, and companies in energy-intensive industries on the commercial opportunities and issues related to the development of behind-the-meter battery storage projects. (Ongoing)

Energy industry litigation

Represented large food processing company in California state court litigation against Pacific Gas & Electric Company regarding natural gas service issues. Achieved a favorable settlement through mediation. (2016-2017)

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

Professional & Community Activities

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