Assistant General Counsel

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MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have at least (A) six (6) years of full-time or, equivalent part-time, professional, administrative, supervisory, or managerial experience in business administration, business management, public administration, public management, clinical administration or clinical management of which (B) at least two (2) years must have been in a project management, supervisory or managerial capacity or (C) any equivalent combination of the required experience and substitutions below.

Substitutions:

I. A certificate in a relevant or related field may be substituted for one (1) year of the required (A) experience.

II. A Bachelor's degree in a related field may be substituted for two (2) years of the required (A) experience.

III. A Graduate degree in a related field may be substituted for three (3) years of the required (A) experience.

IV. A Doctorate degree in a related field may be substituted for four (4) years of the required (A) experience.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

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An Equal Opportunity / Affirmative Action Employer.  Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law.  Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements.  We encourage individuals who believe they have the skills necessary to thrive to apply for this role.

Who We Are:

The Executive Office of Energy and Environmental Affairs (EEA) seeks to protect, preserve, and enhance Massachusetts’ environmental resources and create a clean energy future for all residents. Through the stewardship of open spaces, the protection of environmental resources, and the advancement of clean energy, EEA works tirelessly to make Massachusetts a wonderful place to live, work, and raise a family.   Our commitment to environmental justice ensures that every resident, regardless of background or location, can live in a safe, clean environment and shares equally in the benefits of the clean energy transition.

Who We Are as an Employer:

At EEA, we create meaningful, inclusive opportunities that empower our employees to make a real difference in shaping the environmental future of Massachusetts. We foster a workplace culture where diversity is valued, innovation is encouraged, and collaboration thrives. Our employees play a vital role in advancing sustainability, environmental justice, and clean energy solutions, ensuring a positive and lasting impact on Massachusetts and its residents.

DPU:

The Department of Public Utilities (DPU) is the state agency responsible for overseeing investor-owned electric power, natural gas, and water companies in Massachusetts. It regulates the safety of bus companies, moving companies, transportation network companies, and oversees the safety of natural gas pipelines and the MBTA.

Job Description:

As the Assistant General Counsel, you will be a key member of the Siting Division (a division within the Department of Public Utilities (“Department”)), leading legal, policy, and procedural matters affecting the Siting Division, and assisting the Deputy General Counsel of the Siting Division in supervising the Siting Division’s legal staff.  The Siting Division is staff to the eleven-member Massachusetts Energy Facilities Siting Board (“Siting Board”), which has the responsibility for siting major energy facilities in the Commonwealth.  These facilities include clean energy infrastructure facilities (such as renewable electric generating facilities, energy storage, and electric transmission lines and substations); and legacy energy facilities (such as intrastate natural gas pipelines; fossil-fuel electric generating facilities, and large LNG storage facilities). that meet the Board's jurisdictional thresholds.  The 2024 Climate Act significantly revised and improved the siting and permitting process for energy facilities in Massachusetts, and the Assistant General Counsel will be central in the Act’s implementation.

The Assistant General Counsel supervises attorneys within the Siting Division, provides legal, policy, and procedural support, advice, and guidance to Division staff, as well as the Siting Board members, commissioners and others at the Department, and other stakeholders.  The Assistant General Counsel is responsible for the review of applications to site clean energy infrastructure facilities and legacy energy facilities.  In addition, the Assistant General Counsel will review requests for Advisory Rulings, Determinations of Jurisdiction, Certificates of Environmental Impact and Public Interest; intervene before the Federal Energy Regulatory Commission; review siting-related legislative and regulatory activities, and works directly on assigned cases or other matters, as needed. 

A cover letter and resume must be submitted as part of the application.

Your essential job duties will include, but not be limited to:

• Interviewing, recommending for hire, assigning, training, managing, supervising, directing, and evaluating the work performed by Siting Division attorneys.  Staff supervision and general review responsibilities shall ensure that all work products and activities of the Siting Division are handled in a legally sound, well-informed, thorough and thoughtful manner, consistent with all applicable Siting Board statutes, regulations, policies, precedent, and procedures.
• Reviewing written work products prepared within the Siting Division, such as discovery, memos, rulings, orders, Tentative and Final Decisions, presentations, and other documents or content to ensure consistency with the Siting Board statutes, regulations, policies, precedent, and procedures, with the general objective of producing clear, accurate, well-reasoned, and legally sound work product.
• Assisting in setting case priorities and providing legal and procedural guidance for the Siting Division, including case team staffing, early identification of potential legal or policy issues, and ongoing consultation with case team members and others, as needed.
• Assisting in formulating and administering policy concerning the siting of energy infrastructure in the Commonwealth; assisting in formulating and administering any regulatory, statutory, or Siting Division management policies and practices that may be necessary for the management of the Siting Division.
• Coordinating the defense of appeals of Final Decisions of the Siting Board with the Office of the Attorney General or the Special Assistant Attorney General, and oversees tasks within the Siting Division relating to submission of record materials, assistance with legal filings, and preparation for oral argument.  Works with the Deputy General Counsel and the Department’s General Counsel and others on appeals of Siting Division-related Department cases.
• Participating in interagency meetings, working groups, and special projects, as assigned.
• Responding to siting-related inquiries from the public, the regulated community, legislators, local, state, and federal officials, and other stakeholders, particularly where legal or procedural guidance may be needed.
• Coordinating work of the Siting Division with other Department divisions related to case-tracking management and procedures, docketing procedures, legal practices, and the content and management of the Siting Division/Siting Board website.
• Advising on statutory and procedural requirements for agency action and legal obligations under the Freedom of Information Act, Privacy Act, Public Records Law, Open Meeting Law, Administrative Procedures Act, and related legislation and regulations.
• Keeping up to date on relevant statutes, regulations, case law, and legal and policy issues relevant to the Siting Board’s jurisdiction through review of past cases, legal and trade journals, and attendance at relevant professional, governmental, and/or technical meetings.
• Serving as Presiding Officer, where necessary, on assigned agency adjudications or other matters to ensure that the mandates of the Siting Board are fulfilled.
• Assisting Siting Division management, as needed, in carrying out Siting Division responsibilities and activities.

The successful candidate will have:

• Thorough knowledge of laws relating to siting energy infrastructure, related federal, state, and local law, land use law, administrative law, Constitutional law, and the Rules of Evidence and Civil Procedure.
• Ability to analyze complex legal issues and to recommend their disposition.
• Ability to communicate effectively and persuasively, orally and in writing.
• Ability to manage legal and technical teams to work effectively together, meet deadlines and resolve complex, often novel legal, technical, and policy issues.
• Ability to manage policy initiatives that affect the manner in which energy infrastructure is sited in the Commonwealth.
• Ability to solve problems and propose solutions to challenges encountered.
• Knowledge of utility and energy sector and related technology, economic principles, and environmental policy and protection.
• Ability to perform relevant and effective legal research.
• Ability to handle novel and far-reaching cases that impact numerous stakeholders.
• Ability to negotiate and obtain consensus from groups with conflicting interests.
• Familiarity with the work of other state, federal, local and regional agencies involved in the process of siting and permitting energy facilities.
• Ability to work both independently and collaboratively with others as part of interdisciplinary case teams.
• Organized and self directed, with the ability to work independently.
• Strong project management skills, including planning and supervising work product.
• Ability to manage time effectively, and work in a productive, organized, and methodical way.
• Strong editing and reviewing skills to develop clear and effective written work product.
• Ability to provide substantive procedural direction on assigned cases.
• Strong analytical skills and judgment, and an inquisitive approach.
• Competency in Microsoft office products, and other common office applications.
• Ability to work effectively in a hybrid remote work setting with certain required in-office days.

Who we are:

Agency Overview

The Energy Facilities Siting Board (EFSB) is an independent state board that reviews proposed clean energy infrastructure facilities (such as renewable electric generating facilities, energy storage, and electric transmission lines and substations); and legacy energy facilities (such as intrastate natural gas pipelines; fossil-fuel electric generating facilities, and large LNG storage facilities).  The Department of Public Utilities (DPU) administratively supports the work of the EFSB and its staff, but the eleven-member EFSB makes its decisions independently.

The DPU is responsible for oversight of electric, natural gas, and water utilities in the Commonwealth.

For further information, please visit:  https\://www.mass.gov/orgs/energy-facilities-siting-board.

Division Overview

The Siting Division of the DPU is a diverse team of planners, engineers, economists, lawyers, and environmental specialists that reviews major energy facility proposals requiring EFSB regulatory approvals.  Our mission is to ensure that approved projects are consistent with applicable statutes, regulations, and policies, and serve the public interest.  The work of the Siting Division takes place in a rapidly evolving energy landscape, with significant technological, regulatory, and market changes, and a growing emphasis on both mitigating and adapting to climate change, while maintaining reliable, safe, and cost-effective energy supplies vital to the Massachusetts economy.  The projects we review are at the forefront of important energy, environmental, and technological trends that are transforming energy infrastructure in Massachusetts.

For further information, please visit:  https\://www.mass.gov/energy-facilities-siting-board.

NECESSARY QUALIFICATIONS
• Law degree from an accredited law school.
• Member of the Massachusetts Bar.
• Five to ten years of experience as a practicing utility or energy attorney with substantial administrative law experience.
• Experience selecting, training, and developing the skills of attorneys.
• Experience managing a staff of attorneys.
• Experience reviewing performance and evaluating work of attorneys.
• Experience with resolving complex issues that require both technical and legal knowledge.  
• Experience with creative problem solving.
• Experience with managing major policy initiatives from inception to reality.