Deputy General Counsel

Job Description

The Deputy General Counsel will serve as a senior legal and strategic business partner for a public company operating in the power generation, infrastructure, clean energy, equipment manufacturing, and project development sectors. This role requires an experienced attorney who can lead complex commercial, project development, project financing, joint development, and strategic transactional matters from structuring through negotiation, execution, and implementation.

The successful candidate should bring sophisticated drafting and negotiation skills; sound business judgment; and the ability to coordinate cross-functional teams across legal, finance, accounting, commercial, operations, engineering, supply chain, and executive leadership. Experience with power generation assets, infrastructure, project development, equipment supply, engineering, procurement and construction (EPC), power purchase, tolling, and long-term service agreements, as well as project finance and tax equity structures, is strongly preferred.

Key Responsibilities

• Power generation and energy transactions: Draft, review, negotiate, and advise on agreements relating to utility-scale grid and behind-the-meter power generation installations, power generation equipment and electricity sales, power purchase and/or tolling, interconnection, capacity reservation, and long-term service agreements.
• EPC and project construction: Negotiate and advise on engineering, procurement and construction agreements; EPC subcontracts; owner's engineer arrangements and construction and project risk allocation
• Project finance, tax equity, and structured finance: Lead project financing, tax equity, secured financing, and other structured financing matters.
• Capital markets and corporate finance: Support public company financing and capital markets activities, including registered and exempt securities offerings, private placements, credit facilities, debt instruments and related disclosure coordination.
• M&A, joint development and strategic transactions: Support strategic investments, joint development and joint venture agreements, partnerships, licensing arrangements, and technology collaborations including due diligence, transaction structuring, definitive agreements, governance arrangements, exit rights and post-closing integration issues.
• Commercial operations and customer and vendor support: Provide efficient and practical legal advice across a range of commercial, supply chain, and procurement activities, including sales, engineering, manufacturing, and procurement, from opportunity intake through contract execution and lifecycle management.
• Risk management and dispute avoidance: Identify and mitigate key legal and business risks in the Company's contracting activities, including performance obligations, liquidated damages, remedies, limitations of liability, indemnities, and protection of intellectual property.
• Outside counsel and transaction management: Manage outside counsel effectively, including project scoping, budgeting, work product review, legal strategy and coordination across complex, multi-party transactions.
• Transaction document and contract management improvement: Develop, improve and manage contracting playbooks, templates, contract lifecycle management practices and cross-functional transaction execution protocols.

Qualifications

Education: J.D. from an accredited law school and license to practice law in Connecticut or another U.S. jurisdiction, with admission to the Connecticut Bar or Connecticut Authorized House Counsel status within six months of employment, as applicable.

Experience: At least 10 to 15 years of progressively responsible legal experience, including both law firm training and senior in-house experience supporting complex commercial, energy, infrastructure, manufacturing, project finance, corporate finance, or public company matters.

• Demonstrated experience drafting and negotiating complex transaction and project agreements, including equipment supply agreements, EPC agreements, PPAs, tolling agreements, long-term service agreements, master supply/procurement agreements, commercial contracts, and other project-related documentation.
• Experience with project development and project finance structures, including debt financing, tax equity, sponsor support, corporate guarantees, parent support arrangements, export credit agency support and financing party diligence.
• Experience with M&A, joint ventures, joint development agreements, strategic partnerships, and licensing, technology and other commercial arrangements.
• Experience in utility-scale power generation, infrastructure, clean energy, project development, manufacturing, or energy technology sectors.
• Familiarity with energy regulatory agencies, independent system operators, tariffs, interconnection, permitting, and market structures relevant to power generation projects, including FERC, ISO/RTO matters, state utility commissions, siting authorities, and energy incentive programs.
• Ability to translate complex legal, technical, engineering, financial and commercial issues into clear advice for senior management and cross-functional business teams.
• Strong judgment in balancing legal risk and commercial objectives, including in a public company context.

Core Competencies

• Excellent drafting, negotiation, analytical and legal writing skills.
• Strong business acumen and the ability to understand project economics, commercial objectives, financing constraints and operational realities.
• Senior-level judgment and discretion in handling sensitive legal, financial, strategic and public company matters.
• Uncompromising integrity and ethics.
• Ability to lead complex negotiations and coordinate interdisciplinary teams to contract execution.
• Ability to identify issues early, propose practical solutions and drive timely resolution.
• Excellent interpersonal and communication skills and confidence interacting with executive leadership, board members, investors, financing parties, customers, vendors, regulators, and outside counsel.
• Strong organizational skills, attention to detail and ability to manage multiple priorities with urgency.
• Collaborative, pragmatic and solutions-oriented approach with a commitment to excellent internal client service.
• Proficiency with Microsoft Office and willingness to use legal technology and contract lifecycle management tools to improve efficiency.

Physical Requirements / Working Conditions

• Must be able to work at a desk and on a computer for extended periods of time.
• Must be able to move about buildings and project sites to attend meetings and conduct site visits.
• Must be able to travel, including to Company locations, customer sites, project sites, financing or transaction meetings, and external conferences. Travel is expected to be approximately 10%-15%; some international travel may be required.
• Must be able and willing to wear required personal protective equipment (PPE), including safety glasses, safety shoes, hard hat, and other PPE as required for manufacturing, project, or customer site visits.

FuelCell Energy is an equal-opportunity employer committed to an inclusive and safe work environment for people of all backgrounds.

We offer a competitive compensation package as well as comprehensive benefits including medical, dental, vision, company-paid life/disability insurance, 401(k) plan, employee stock purchase plan, and generous paid leave.

The successful candidate is required to complete a drug screen, criminal background check, and employment and education verification.

FuelCell Energy, Inc. is committed to ensuring that its application process provides an equal employment opportunity to all U.S. job seekers, including individuals with disabilities. If you believe you need a reasonable accommodation in order to search for a job opening or to submit an application, please send an email with your resume to [email protected] or contact us by calling 860-496-2222. Please indicate the specifics of the assistance needed.

NOTE: This dedicated phone line and email address are designed exclusively to assist disabled job seekers whose disability prevents them from being able to apply online. Only messages left for this purpose will be acknowledged. A response to your request may take up to two business days.

No agency submissions please. Resumes submitted to any FuelCell Energy employee without a current, signed and valid contract in place with the FuelCell Energy Recruiting team for this position will become the property of FuelCell Energy and no agency fees will be paid.

For more information about FuelCell Energy and our available openings, please visit our website: https://www.fuelcellenergy.com/careers

We thank all candidates for their interest in a career with FuelCell Energy. However, only those candidates selected for an interview will be contacted.