The Massachusetts Department of Public Utilities (DPU) is responsible for regulatory oversight of investor-owned electric, natural gas, and water utilities in the Commonwealth.  In coordination with the Energy Facilities Siting Board (EFSB), the DPU and the EFSB jointly oversee the siting of major energy facilities in the Commonwealth to ensure a reliable supply of energy, with a minimum impact on the environment, at the lowest possible cost.  The Siting Division of the DPU supports the review and adjudication of energy facility proposals requiring EFSB/DPU regulatory approvals by conducting comprehensive environmental, technical, economic, and legal reviews, consistent with applicable statutes, regulations and precedent.  The Siting Division also participates in siting proceedings conducted by the Federal Energy Regulatory Commission (FERC) for interstate natural gas pipelines that are relevant to Massachusetts.  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 Siting Division reviews proposed major energy facilities such as electric generation facilities, electric transmission lines and substations, natural gas pipelines and related equipment, and large fuel storage facilities.  These reviews include an evaluation of need for the project, alternative project options (such as energy efficiency and distributed generation), environmental impacts and potential mitigation measures, costs, and consistency with state energy/environmental policies, statutes, and regulations.  Depending on the project, regulatory authority exercised by the EFSB/DPU may include approval to construct, exemptions from local zoning ordinances, issuance of other state and local permits, advisory rulings and determinations, and post-approval compliance oversight.

The Counsel II will work on a wide variety of regulatory matters as part of an interdisciplinary team with other attorneys and technical staff.  Proceedings include adjudications, rulemakings, and determinations of jurisdiction and other matters; and often involve complex legal, technical, and policy issues with multiple parties that participate actively.  This position involves expertise in conducting proceedings and taking a lead role in developing the procedural and substantive elements of Division cases and other work products.  This position involves a substantial amount of legal writing.

Responsibilities of the position include, but are not limited to:

•   manages 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;

•   participates in the preparation of a Tentative Decision and Final Decision, and presents the Final Decision to the Siting Board at its deliberative public meetings;

•   prepares legal research and/or memoranda on agency jurisdiction, procedures, legal standards, as well as on applicable law and precedent;

•   represents the Siting Board in interventions before other administrative agencies.

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

PREFERRED QUALIFICATIONS:
In addition to above, experience in administrative law, public utility law, energy policy or environmental law is highly desirable. Due to the nature of the work required, the candidate must have strong organizational skills, and possess the ability to communicate clearly and effectively in oral and written form. The candidate also must have good interpersonal skills and the ability to maintain effective working relationships with persons at all levels.

Incumbent may be required to attend a one-week out of state training program.

First consideration will be given to those applicants that apply within the first 14 days.