Sergio A. Pozzerle is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Houston office. Sergio focuses his global practice on project development and finance, corporate finance, and mergers and acquisitions.
Sergio has a very active renewable energy practice, spanning the entire range of renewable technologies (including wind, solar and biomass), and also advises on co-generation and other traditional power projects, LNG terminals, drilling rigs and other energy and infrastructure projects. Sergio has extensive experience in every stage of project development and finance, from joint venture formation to acquisition/divestiture to equipment supply/construction (EPC) to fuel/resource procurement to selling/marketing the end product to the debt and equity financing of those activities. He has particular practice experience in the financing structures for the rapidly evolving and expanding wind and solar power generation market. Sergio also handles a wide variety of corporate financings and acquisitions and divestitures, including negotiated transactions and controlled auctions, with an emphasis on projects and entities that own projects.
Sergio is listed in Best Lawyers in America and was recognized by Chambers USA 2009, 2010 and 2011 as one of the nation’s six leading individuals in renewables and alternative energy. He was also recognized as a “Texas Rising Star” by Texas Monthly and Texas Law & Politics and listed in Law360’s List of 10 Energy Lawyers Under 40 To Watch. He is a member of the Houston Bar Association and the Houston Young Lawyers Association, and is a frequent speaker at industry and legal conferences on topics ranging from risk allocation and supply contracts to power purchase agreements and wind power projects.
Representative Experience:
Renewables
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Represented Horizon Wind Energy in the purchase of 800 megawatts of wind turbines under a multi-project frame agreement from Vestas Wind Systems, 600 megawatts of wind turbines under a multi-project frame agreement from Gamesa Wind US and 600 megawatts of wind turbines under a multi-project frame agreement from Suzlon Wind Energy Corporation
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Represented major energy developer in the proposed purchase of photovoltaic modules and related EPC and monitoring and maintenance services for more than 1,500 megawatts of utility-scale photovoltaic solar projects in the United States
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Represented developer in connection with the development (including turbine procurement and power purchase agreement) of a proposed wind project that could be one of the first wind projects in sub-Saharan Africa
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Represent recognized leader in U.S. renewable energy credits (RECs) and emissions trading in connection with the purchase and sale of RECs and carbon products in various markets within the United States
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Represented buyers and sellers in the purchase and sale of more than 2,000 megawatts of wind and solar power
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Represented lender/equity investor in proposed construction financings, permanent debt financings, and tax and cash equity investments in wind, solar and biomass renewable energy projects and portfolios
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Represented Gestamp Eólica in the acquisition and development of the 765-megawatt North Buffalo wind project in Oklahoma
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Represented Horizon Wind Energy in the build-transfer arrangements for the 120-megawatt Pine Tree wind project in California and the 220-megawatt Wild Horse wind project in Washington, including the related turbine purchase and balance of plant negotiations for both projects
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Served as project counsel for over 3,000 megawatts of wind project in multiple jurisdictions and most major electricity markets, including negotiation of turbine purchases, balance of plant agreements and long-term power sales agreements
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Represented Horizon Wind Energy in the sale of its interests in the approximately 24-megawatt Tierras Morenas wind project and Guayabo and Mogote development wind projects in Costa Rica
Other Power Project Development
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Represented a global energy company in its joint venture with Cinergy for the construction, ownership and operation of a gas-fired cogeneration facility at its Texas City refinery
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Represented a multinational chemical manufacturer in negotiations of steam and electric power supply arrangements for its Channelview South Complex
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Represented an international energy company in the preparation and negotiation of project documentation for the construction and development of a 635-megawatt gas-fired cogeneration facility in Wood River, Illinois
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Represented the unregulated arm of a major utility in the structuring and preparation of construction agency, power marketing and power purchase agreements for an approximately 333-megawatt simple cycle, gas-fired generation facility to be repowered and owned by a municipality in Louisiana
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Served as project counsel to the Acadia Power Project in Louisiana
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Represented a national retail electricity provider in the acquisition and development of the 601-megawatt Indian River gas- and oil-fired steam generating facility in Florida, including power purchase agreement
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Represented Industrias Peñoles in the construction and development of an approximately 230-megawatt petroleum coke-fired power plant in the state of San Luis Potosí, Mexico
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Represented an international energy company in the establishment of form documentation for energy trading transactions in The Netherlands
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Represented the Power Generation Company of Trinidad and Tobago in the 210-megawatt expansion of the Pt. Lisas Power Project in Trinidad and Tobago
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Represented a consortium of three global power companies in the construction and development of a 471-megawatt gas-fired combined cycle generating facility in Tunisia
Power Project Acquisitions and Divestitures
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Represented CenterPoint Energy in the divestiture of its Texas generating assets for $3.65 billion and the negotiation of related power purchase agreements
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Represented a national retail electricity provider in its acquisition in the merger of Orion Power Holdings
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Represented a national retail electricity provider in its bid for, acquisition and lease financing of over 4,000 megawatts of power-generation assets in Pennsylvania, New Jersey and Maryland
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Represented the gas and power trading arm of a major oil company in structuring and negotiating the acquisition of a significant portfolio of physical and intangible gas and power assets, in a transaction in which the acquirer would market the portfolio and share revenues with the seller
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Represented a national retail electricity provider in its bid for and agreement to acquire power-generation assets in Nevada
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Represented an international energy company in its bid for power-generation assets auctioned by Potomac Electric Power Co. in Virginia, Maryland and the District of Columbia
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Represented an international energy company in its bid for power-generation assets in California, Florida, Pennsylvania and Kentucky, auctioned by Air Products and Chemicals Inc.
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Represented an international energy company in its bid for approximately 3,500 megawatts of coal-, gas- and oil-fired power-generation assets in the eastern United States and transmission and distribution assets in Ohio, auctioned by Dayton Power & Light
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Represented a national retail electricity provider in the divestiture of its holdings in Light Serviços de Electricidade, a major electric distribution company in the state of Rio de Janeiro, Brazil
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Represented a European utility in the preparation of its bid to acquire a significant electric distribution company in the state of São Paulo, Brazil
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Represented an international energy company in the preparation of a bid for power generation, power distribution and natural gas distribution assets in Argentina, Chile and Peru
Oil Field Service/Maritime
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Represented an Angolan-American joint venture in arranging nonrecourse financing for the construction of two deepwater drillships chartered to an international oil & gas company to work offshore Angola
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Represented Transocean Inc. in its divestiture of an FPSO and of its interest in a deepwater drillship, each chartered to Petrobras to work offshore Brazil
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Represented a Brazilian-American joint venture in arranging limited recourse financing for the construction of four ultra-deepwater offshore drilling rigs to be chartered to Petrobras to work offshore Brazil
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Represented an international drilling company in the negotiation of credit facilities from European banks and institutions secured by offshore drilling rigs flagged in Liberia, Panama, and St. Vincent and the Grenadines and operating internationally
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Represented an international drilling company in the buyout of the direct and indirect interests of its Brazilian joint venture partner in two semi-submersible drilling rigs chartered to Petrobras to work offshore Brazil
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Represented an international drilling company in its acquisition and financing of an ultra-deepwater offshore drilling rig chartered to Petrobras to work offshore Brazil, from a Dutch vessel management company
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Represented Petroleum Geo-Services in its $860 million acquisition of another Norwegian oil services company's FPSO operations
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Represented a publicly traded oil field services company in the $115 million synthetic lease financing of its Panamanian-flagged seismic vessel
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Represented an international drilling contractor in the restructuring of its ownership of multiple U.S.-, Panamanian- and Vanuatu-flagged drilling rigs
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Represented an offshore services company in developing, marketing and leasing new deepwater drilling technology
LNG
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Represented a Canadian fund in evaluating a potential investment in a proposed LNG receiving terminal on the coast of Nova Scotia, Canada
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Represented an international energy company in the joint venture arrangements relating to, and the financing of, a liquefaction plant for the production of LNG on Bioko Island
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Represented a U.S. exploration and production company in the development and financing of an LNG receiving terminal to be constructed offshore Louisiana
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Represented an international energy company in the acquisition of an interest in, financing of and contracting of regasification capacity from an LNG receiving terminal to be constructed in Texas
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Represented a European utility in the preparation of a bid for LNG regasification capacity (both in operation and under development) in the United States, Mexico and the Bahamas, charters to LNG vessels under construction and related assets
Joint Ventures
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Represented Eagle USA Airfreight, Inc., in the formation and development of a joint venture with a major Hong Kong freight consolidator to perform freight forwarding services from Hong Kong to destinations worldwide
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Represented a U.S. industrial REIT in the formation and development of a joint venture to acquire and develop real estate distribution projects in Japan
Other Financings
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Represented an international drilling company in the negotiation of $800 million of senior credit facilities from European and U.S. banks and institutions secured by 28 offshore drilling rigs operating in the Gulf of Mexico and internationally and shares of certain of its U.S. and international subsidiaries
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Represented an international drilling company in its offerings of an aggregate $600 million of senior convertible notes and $500 million of senior notes into the Rule 144A and Regulation S markets
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Represented certain Mexican investors in the structuring and negotiating of venture capital leveraged buyout debt and equity financing for their acquisition of a significant Mexican bicycle assembly and distribution company
Education
- Yale Law School, J.D., 1997
- Stanford University, A.B., 1994
Languages Spoken
- English
- French
- Italian
- Portuguese
- Spanish
