Counsel III

Commonwealth of Massachusetts•Boston, MA

1d•Onsite

About The Position

Counsel III in the Siting Division of the Department of Public Utilities also functions as Counsel III to the Massachusetts Energy Facilities Board. As such, Counsel III is an expert in the governing statutes and regulations of both agencies relative to the siting and permitting of major new energy infrastructure in Massachusetts, including clean energy infrastructure facilities (such as renewable electric generating, energy storage, and electric transmission lines and substations); and legacy energy facilities (such as intrastate natural gas pipelines; fossil-fueled electric generating facilities, and large liquid natural gas storage facilities). This position requires an experienced attorney with substantial specialized experience, with expertise in both state and federal law – including state and local permitting requirements. Counsel III is an experienced attorney with a broad background in environmental law, civil litigation and administrative law, with specialized subject matter expertise in the siting and permitting of energy facilities. The Counsel III shall supervise the following staff: legal staff, paralegals and legal interns as assigned. The Counsel III may serve as the Senior Presiding Officer on high-priority, complex and highly contested agency adjudications regarding proposed Siting Board jurisdictional clean energy infrastructure facilities, large scale electric generating and transmission facilities, as well as intrastate natural gas pipeline facilities. Counsel III has responsibility for initiating and managing subject matter and procedural aspects of Siting Board adjudicatory proceedings, including presiding over both public hearings and evidentiary hearings; supervision of technical staff in the development of the evidentiary record; and the drafting of a final agency decision. Other specific duties include: expertise in local, regional, and state permitting of energy facilities; familiarity with ISO-New England’s transmission planning procedures and substantive planning methodologies as applied to New England electric transmission utilities and the ability to communicate these procedures and standards to the Siting Board; familiarity with the Federal Energy Regulatory Commission’s (“FERC”) rules concerning cost allocation of transmission-related costs; maintaining an up-to-date legal knowledge of applicable FERC rules and ISO-NE rules concerning Critical Energy Infrastructure Information (“CEII”) to draft appropriate protective orders for sensitive transmission infrastructure information; independently managing complex litigation and hearings with multiple parties with a variety of ongoing procedural and substantive legal issues and motions; drafting regulations and reviewing legislation; providing expert legal advice to Board members, Commissioners, the Director, Assistant Directors, Siting General Counsel, and Department General, Deputy General and Assistant General Counsels; independently recommending and implementing policy initiatives; and serving as advisor to the Director and Siting General Counsel regarding appeals of agency decisions to the Supreme Judicial Court. The Counsel III shall serve on panels for conferences and speaking engagements as assigned. A cover letter and resume must be submitted as part of the application process. Your responsibilities in the position include, but are not limited to: overseeing, reviewing, and supervising the work of a team of technical staff assigned to a particular proceeding serving as Presiding Officer on high-priority, complex and highly contested agency adjudications managing the case schedule and specific conduct of the adjudicatory proceeding, including conducting local public hearings and presiding at evidentiary hearing(s); making written and oral rulings; working with technical staff to ensure the development of a thorough record; initiating and managing all subject matter and procedural aspects of Siting Board adjudicatory proceedings participating in the preparation of a Tentative Decision and Final Decision, and presenting the Tentative Decision to the Siting Board at its deliberative public meetings; preparing legal research and/or memoranda on agency jurisdiction, procedures, legal standards, as well as on applicable law and precedent; representing the Siting Board in interventions before other administrative agencies. mastering local, state and national permitting procedures, requirements and standards drafting regulations and reviewing legislation serving as advisor regarding matters appealed from the agency to the Supreme Judicial Court serving on panels for conferences and speaking engagements as assigned

Requirements

Juris Doctor (JD) degree
Admission to the Massachusetts Bar Association
At least six years of full-time, or equivalent part time, professional experience in the practice of law in a specialized area that is relevant to the assigned agency
Three years in a supervisory capacity may be required based on assignment and supervisory responsibilities
Extensive experience in administrative law, public utility law, energy policy or environmental law
Extensive expertise in the governing statutes and regulations relative to the siting and permitting of major new energy infrastructure in Massachusetts
Strong organizational skills and ability to lead
Ability to communicate clearly and effectively in oral and written form
Demonstrated interpersonal skills and the ability to maintain effective working relationships with persons at all levels

Nice To Haves

A current and valid Motor Vehicle Drivers License at a Class level specific to assignment
Incumbent may be required to attend a one-week out of state training program

Responsibilities

Overseeing, reviewing, and supervising the work of a team of technical staff assigned to a particular proceeding
Serving as Presiding Officer on high-priority, complex and highly contested agency adjudications
Managing the case schedule and specific conduct of the adjudicatory proceeding, including conducting local public hearings and presiding at evidentiary hearing(s)
Making written and oral rulings
Working with technical staff to ensure the development of a thorough record
Initiating and managing all subject matter and procedural aspects of Siting Board adjudicatory proceedings
Participating in the preparation of a Tentative Decision and Final Decision, and presenting the Tentative Decision to the Siting Board at its deliberative public meetings
Preparing legal research and/or memoranda on agency jurisdiction, procedures, legal standards, as well as on applicable law and precedent
Representing the Siting Board in interventions before other administrative agencies
Mastering local, state and national permitting procedures, requirements and standards
Drafting regulations and reviewing legislation
Serving as advisor regarding matters appealed from the agency to the Supreme Judicial Court
Serving on panels for conferences and speaking engagements as assigned