mover & shaker

New York law firm appoints another energy practice partner in Houston

Dale Smith, an energy finance and transactions attorney, has joined Willkie Farr & Gallagher LLP. Photo via Willkie.com

A law firm again expanded its Houston-based, energy-focused team.

Willkie Farr & Gallagher LLP announced that energy finance and transactions attorney Dale Smith has joined the firm as a partner in the Corporate & Financial Services Department, which will be based in the Houston office. Willkie provides legal solutions to businesses that address critical issues that affect multiple industries and markets with 13 offices worldwide.

Smith was most recently a partner at Mayer Brown, and prior to law, he worked in the electric and gas utility industry as an analyst for Entergy. He currently serves on the Institute for Energy Law Advisory Board. He will manage energy clients in a broad range of transactions from upstream, midstream, and downstream oil and gas, renewable energy, power and energy finance deals.

“Dale’s addition further expands the energy transactional platform we’ve been building in Texas and across the country with our several partner additions this past year,” Archie Fallon, managing partner of the Houston office, says in a news release.

Smith will advise both lenders and borrowers in secured and unsecured credit transactions, which includes asset-based financings, acquisition and project financings, syndicated and structured financings (including tax equity), DIP and bankruptcy exit financings, and borrowing base facilities, letter of credit facilities, working capital facilities, workouts, and restructurings. Smith will also guide clients on the development and commercialization of hydrogen and ammonia facilities, carbon capture projects, renewable power generation facilities, and hydrocarbon facilities across the value chain. This will include gathering, processing, fractionation, transportation and storage facilities.

“Willkie’s dynamic Texas platform and growing national and international energy capabilities are a great fit for my practice and I’m delighted to be a part of that growth,” Smith said in a news release. “I look forward to working with the talented attorneys here to expand our transactional offerings to best serve the needs of our clients.”

Smith is the seventh lateral partner addition to Willkie’s multi-office energy team in the past year.

Willkie recently also announced Sarah McLean as a partner in the Corporate & Financial Services Department and Private Equity practice at the Houston office. McLean’s practice will focus on private equity transactions. Mostly the transactions will be acting for sponsors in making portfolio investments,exiting their investments, and growing their platform companies. McLean was a joint head of the US Energy industry group at Shearman & Sterling prior to Willkie Farr & Gallagher, and her experience in the energy sector includes 20 years.

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A View From HETI

Fervo Energy has closed financing to support the remaining construction costs for the first phase of Cape Station. Photo via fervoenergy.com

Houston geothermal unicorn Fervo Energy has closed $421 million in non-recourse debt financing for the first phase of its flagship Cape Station project in Beaver County, Utah.

Fervo believes Cape Station can meet the needs of surging power demand from data centers, domestic manufacturing and an energy market aiming to use clean and reliable power. According to the company, Cape Station will begin delivering its first power to the grid this year and is expected to reach approximately 100 megwatts of operating capacity by early 2027. Fervo added that it plans to scale to 500 megawatts.

The $421 million financing package includes a $309 million construction-to-term loan, a $61 million tax credit bridge loan, and a $51 million letter of credit facility. The facilities will fund the remaining construction costs for the first phase of Cape Station, and will also support the project’s counterparty credit support requirements.

Coordinating lead arrangers include Barclays, BBVA, HSBC, MUFG, RBC and Société Générale, with additional participation from Bank of America, J.P. Morgan and Sumitomo Mitsui Trust Bank, Limited, New York Branch.

“As demand for firm, clean, affordable power accelerates, EGS (Enhanced Geothermal Systems) is set to become a core energy asset class for infrastructure lenders,” Sean Pollock, managing director, project Finance at RBC Capital Markets, said in a news release. “Fervo is pioneering this step change with Cape Station, a vital contribution to American energy security that RBC is proud to support.”

The oversubscribed financing marks Cape Station’s shift from early-stage and bridge funding to a long-term, non-recourse capital structure, according to the news release.

“Non-recourse financing has historically been considered out of reach for first-of-a-kind projects,” David Ulrey, CFO of Fervo Energy, said in a news release. “Cape Station disrupts that narrative. With proven oil and gas technology paired with AI-enabled drilling and exploration, robust commercial offtake, operational consistency, and an unrelenting focus on health and safety, we have shown that EGS is a highly bankable asset class.”

Fervo continues to be one of the top-funded startups in the Houston area. The company has raised about $1.5 billion prior to the latest $421 million. It also closed a $462 million Series E in December.

According to Axios Pro, Fervo filed for an IPO that would value the company between $2 billion and $3 billion in January.

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