Assistant General Counsel

Description:

The Assistant General Counsel (AGC) reports to the Vice President & General Counsel of A Private, Independent Energy Company. This position will be stationed in the Las Colinas area of DFW and will primarily support the TPS business unit. This AGC will be responsible for working with the TPS Legal Team in identifying and fulfilling the legal needs of the TPS business unit, which is engaged in the marketing of electrical power, and the provision of various energy services. The candidate will also be responsible for assisting with the legal needs of other A Private, Independent Energy Company business units as assigned.

Essential Job Functions:

• Provide legal advice on proposed deal structures; including identifying, evaluating and resolving legal and regulatory concerns associated with proposed deals.
• Review draft contracts and transaction documents prepared by counterparties, and prepare TPS versions of such contract documents, to memorialize contracts and transactions; and assist the commercial team in negotiating such contracts and documents with counterparties. This entails preparing and negotiating ISDAs, EEIs, NAEMAs, NAESBs, and other form master trading agreements, as well as preparing and negotiating specific complex transaction confirmations under these master trading instruments.
• Assist the commercial team in preparing and negotiating structured long-term agreements for specialized energy services, such as QSE Agreements, Energy Management Agreements, Scheduling Coordinator Agreements, and retail sales and credit support agreements. This includes negotiating Consent Agreements, Estoppels, Blocked Account or Account Control Agreements, lien agreements, security agreements, intercreditor agreements, and other arrangements with project lenders and financing parties.
• Participate in or follow trade association efforts to comment on rulemakings of FERC, CFTC, PUCT, CPUC, PUCN and other states of significance to TPS's business activities.
• Evaluate new FERC, ISO, CFTC and various state commissions' policies/regulations/decisions and provide analysis and advice to TPS management concerning needed changes in business practices, and potential impacts on existing and future contracts and transactions.
• Develop and administer regulatory compliance training to appropriate TPS staff.
• Oversee Canadian proceedings and locate, retain, and oversee the work of Canadian law firms as appropriate
• Assist with resolution of tax issues and contract disputes
• Assist with resolution of compliance issues with ISOs and their IMMs, as well as with FERC, CFTC and other state and federal regulatory bodies.
• Provide advice on general commercial issues
• Provide advice on credit issues; bankruptcy law implications; HR issues; and coordinate with other A Private, Independent Energy Company business units on joint projects.

Basic Requirements:

• Juris Doctorate required.
• Must be licensed to practice law in Texas.
• A minimum of 5 years' experience
• Familiarity with trading energy in organized power markets such as ERCOT, PJM, CAISO, MISO, SPP and ISO New England.
• Experience with negotiating and drafting trading and service agreements commonly used in electric energy trading such as the EEI Master Agreement, the ISDA Master Agreement, and other master purchase and sales agreements.

Preferred Requirements:

• Regulatory experience preferred.
• Familiarity with FERC, CFTC, and various state commissions such as the PUCT would be a plus.
• Strong written and verbal communication skills
• Strong listening skills
• Ability to work as a member of a team along with having his/her own responsibilities
• History of working in a fast-paced environment with constant change and strict deadlines
• Proactive approach toward identifying and solving problems
• High personal standards for performance and integrity
• Detail-oriented, analytical mindset and questioning attitude.

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