Tracey H. Thompson

Professional Experience

Mercer Thompson LLC, June 2009 – Present

• Principal, January 2019 – Present
• Of Counsel, 2009-2018

Troutman Sanders LLP

• Associate, August 1996 – May 2003

Representative Transactions

• Real Estate outside counsel to lead developer of an advanced nuclear generating facility in connection with the first Department of Energy loan guarantee of $8.3 billion for a nuclear power project under Title XVII of the Energy Policy Act of 2005.
• Lead Real Estate outside counsel to an independent power producer on its acquisitions and ongoing development of multiple wind projects, including those in Nebraska (200MW), Illinois (132MW) and South Dakota (97MW).
• Real Estate counsel to a developer in the acquisition and due diligence review of a proposed 80MW solar project in Idaho. Further advised on real estate project development and served as real estate counsel on the later sale of the project.
• Counsel to Duke Energy Carolinas in connection with its potential acquisition of an ownership interest in the new VC Summer Nuclear Station (AP1000) Units 2 and 3, under construction in South Carolina.
• Real Estate counsel to a developer in its acquisition of early stage large scale solar projects in Texas, Nevada, Utah, Oregon, Wyoming and California. Representation included due diligence review and negotiation of ground leases and options to purchase, corrective title work, survey review and title policy issuance, federal land and mineral rights issues, transmission and other easement rights
• Real Estate counsel to a developer in the sale of several project sites in California which involved both ground mounted and roof mounted solar facilities.
• Real Estate counsel to First Century Energy with regard to the preparation and negotiation of various solar ground leases in Georgia.
• Lead Real Estate outside counsel for multiple solar developers acquiring and constructing solar projects in Massachusetts.
• Counsel to landowners with regard to the preparation and negotiation of ground leases for proposed wind facilities in Tennessee as well as solar facilities in Florida and New York.
• Real Estate counsel to a property owner with regard to the preparation and negotiation of a Solar Ground Lease and Option with Solar Reserve.
• Real Estate counsel to a developer in its due diligence review of a proposed acquisition and development of two 20MW energy storage projects.
• Counsel to a developer of greenhouse facilities in the negotiation of its ground leases and financing of its projects.
• Counsel to U.S. company with respect to the preparation of a Staging Site Lease and Services Agreement at the Port of Antwerp, Belgium and at additional ports in the United States for the purpose of ground lease storage, staging and services for multiple transformers.
• Counsel to shopping center development company in connection with preparation of Solar Roof Lease for a shopping center in Massachusetts.
• Counsel to solar developer in Georgia in connection with the preparation of a Solar Services Agreement that involved significant rooftop property issues.
• Counsel to U.S. company in connection with the negotiation of a Ground Lease for a refined coal facility to be located at an existing electric power generating station in Louisiana.
• Counsel to U.S. company in connection with the negotiation of a Construction Access Agreement to support the installation of emission control equipment at an existing coal plant.
• Real Estate counsel to various tenants in the negotiation of their commercial office leases.

Presentations and Publications

Presentations:

• Presenter “Renewable Energy Law” at Georgia State College of Law (February 2011)
• Presenter “Rooftop Leases” at Georgia Continuing Legal Education seminar 

Publication:

• Co-Author, “Ten Important Issues to Consider for a Balanced, Marketable and Financeable Greenfield Solar Ground Lease” (September 2017)