Seth Doughty focuses his practice on transactional matters in the energy industry with a special emphasis on power procurement, tax equity financing, and build-transfer agreements. He has a focused interest in energy storage projects and is a co-author of the United States’ Department of Commerce’s forthcoming Understanding Energy Storage handbook.
In the power procurement area, Seth has drafted and negotiated a wide variety of power purchase agreements, contracts for differences, and other purchase and sale agreements, including for energy, capacity and resource adequacy, renewable energy credits, energy efficiency and distribution deferral products. He is experienced in handling procurement of offtake from conventional, renewable and energy storage technologies for both the “in-front-of-the-meter” and “behind-the-meter” projects. He has represented utilities, developers, and corporate buyers in regulated and unregulated markets.
In the tax equity space, Seth has acted for Sponsors and Tax Equity Investors in nearly 3 gigawatts of tax equity investments for solar, wind, and hybrid energy storage projects throughout the United States. He has represented either the purchaser or the seller in build-transfer agreements relating to over 3 gigawatts of solar, wind and battery storage capacity in regulated and unregulated spaces.
Prior to joining McDermott, he worked in-house at one of the largest Southern California utility companies. There, he gained experience drafting and negotiating a variety of power procurement agreements and valuable insights about utility customers.
While in law school, Seth was a senior editor for the Southern California Law Review.
Represented the purchaser in the simultaneous purchase of an operational solar farm and a nearly-construction ready energy storage project in Texas
Represented a developer in the negotiation of a zinc battery system long-term service and warranty agreement and the tax equity commitment for the hybrid solar-zinc battery storage Project
Represented the sponsor in the negotiation of a power purchase agreement, module supply agreement, EPC contract, O&M Agreement and tax equity commitments relating to a 400 MW solar project in Indiana
Represented a global financial institution in the sale of its tax equity interest in a solar and a wind farm to separate investors
Represented Algonquin Power & Utilities in the acquisition of a 51% interest in four wind farms totally 845 MW of capacity from RWE
Represented a developer in the partial sale of its ownership interest in two operational wind farms
Represented a prominent sponsor and its affiliated companies in the negotiation and documentation of a construction loan facility and a letter of credit facility needed for the development of an Illinois-based 259.8-megawatt wind project
Represented multiple sponsors and utilities in a wide variety of power purchase agreements, including for energy, capacity, demand response, energy efficiency and distribution deferral products obtained from conventional, renewable and energy storage technologies for both the “in-front-of-the-meter” and “behind-the-meter” projects
Represented various sponsors in the closing of construction financing and tax equity commitments relating to 1.2 gigawatt of wind energy capacity for projects located in Texas, California, New York and Indiana
Represented either the purchaser or the seller in a number of build-transfer agreements relating to approximately 2 gigawatts of solar, wind and battery storage capacity, including representation of a utility in receiving a tax equity commitment for a wind project which was to be rate-based once the purchase was completed
Represented the purchaser in the acquisition of three construction-ready Texas utility scale solar projects totaling 255 megawatts of capacity
Represented the purchaser in the acquisition of a variety of development-stage wind and solar projects
Represented the developer in the execution of a co-development agreement with a Fortune 100 company
Represented the tax equity investor in the financing of a portfolio of small commercial solar facilities
Represented the purchaser in the acquisition and associated development agreement of 32 small school-site solar projects
Represented a utility in the negotiation of a variety of supply chain procurement contracts*
Represented a California utility in a Public Utilities Commission stakeholder workshop process for the development of a distributed technology neutral pro forma. Lead drafter of the utility’s form contract which has been utilized in a number of solicitations*
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