Power and Energy Attorney

About the role

At Applied Digital, we are the epicenter of AI innovation, crafting cutting-edge data center solutions tailored for the demands of high-performance computing. Designed from the ground up to support AI and machine learning workloads, our infrastructure is the backbone of tomorrow’s technological advancements, including AI-driven video and generative platforms. We are: Forward-Thinkers: With a keen eye on current market trends and future innovations, we adapt swiftly and lead technological evolution. Resilient: We navigate complex challenges and emerge stronger, delivering robust and reliable solutions for industry pioneers. Innovative Designers: Leveraging the latest technologies, we create visionary solutions that redefine industry standards. At Applied Digital, we are committed to solving intricate problems, advancing business initiatives, maximizing operational efficiency, and reducing our carbon footprint. We are a team of resilient, forward-thinking innovators driving the AI revolution.

As the Power and Energy Attorney, you will play a critical role on our Legal team. You will be responsible for supporting the company’s power, energy, and infrastructure initiatives, ensuring legal compliance and mitigating risk across a range of complex commercial transactions. The ideal candidate will have 4-8 years of relevant legal experience with a strong focus on drafting and negotiating power purchase agreements (PPAs), interconnection agreements, energy supply agreements, and other power and infrastructure-related contracts.

Responsibilities

• Draft, review, and negotiate a variety of energy-related agreements, including but not limited to: Power Purchase Agreements (PPAs), Interconnection Agreements, Contribution in Aid of Construction (CIAC) Agreements, Electric Service Agreements (ESAs)
• Provide legal support for power development, utility infrastructure, energy procurement, and grid connectivity matters.
• Collaborate with cross-functional teams, including development, finance, engineering, operations, and executive leadership.
• Advise internal stakeholders on federal, state, and local regulatory matters impacting energy generation, transmission, power procurement, and utility services.
• Monitor and analyze changes in energy regulations, utility policies, and industry developments, providing practical guidance on compliance and business impacts.
• Support strategic energy initiatives, including power procurement, capacity planning, renewable energy projects, and utility negotiations.
• Assist with dispute resolution, regulatory proceedings, and litigation management as needed.
• Willing and able to travel as needed to the company’s various operating locations (i.e., ND, TX, etc.).

Qualifications

• J.D. from an accredited law school and active bar membership in at least one U.S. jurisdiction.
• 4-8 years of legal experience, with a strong background in utility and alternative power provider transactions.
• Strong understanding of energy markets, utility regulations, interconnection processes, and power procurement structures.
• Experience partnering with regulated utilities, electric cooperatives, and alternative energy providers on power procurement, utility services, grid connectivity, and power infrastructure initiatives.
• Proven experience drafting, reviewing, and negotiating Electric Service Agreements (ESAs), Power Purchase Agreements (PPAs), and other long-term power offtake contracts.
• Strong expertise reviewing, drafting and negotiating energy-related agreements, including interconnection agreements, feasibility studies, engineering and construction agreements, operations and maintenance (O&M) agreements, and management services agreements.
• Deep understanding of utility regulations, transmission and distribution frameworks, and power delivery requirements.
• Familiarity with Public Service Commission (PSC) approval processes, regional transmission organization (RTO) and independent system operator (ISO) requirements, capacity procurement programs, load management programs, and related regulatory compliance matters.
• Experience advising business stakeholders on energy regulatory requirements, utility negotiations, power procurement strategies, and risk mitigation.
• Prior in-house experience supporting energy, utility, infrastructure, or data center organizations. (Preferred)