Offtake Counsel

Brightsmith
Austin, Texas Metropolitan Area

Offtake Counsel - BESS IPP

Austin, TX - Hybrid


About the Company

This organization is an independent power producer (IPP) focused on battery energy storage systems (BESS) across U.S. wholesale electricity markets. The company develops, builds, and operates utility-scale energy storage assets, leveraging advanced optimization tools to support both merchant and contracted strategies. Backed by a leading infrastructure investor, it has an established operating portfolio and a significant pipeline of projects in active development.


The Role

The company is seeking a highly motivated attorney to join as Offtake Counsel, reporting directly to the General Counsel.


The ideal candidate will bring experience across a broad range of legal disciplines, including project development and operations, project finance and tax equity, trading activities, and transactional work—preferably within renewable energy, battery storage, or power markets.

This role offers exposure to both legal and commercial strategy matters, working cross-functionally with key business units.


Key Responsibilities

  • Lead negotiation and drafting of core commercial agreements, including offtake, PPAs, and hedging transactions (physical & virual)
  • Structure and advise on trading-related agreements (ISDA, EEI, confirmations), energy management agreements, and broker registrations
  • Support complex transactions such as tolling, capacity sales, and credit/guarantee arrangements
  • Partner cross-functionally with origination, engineering, asset management, and market operations to align contracts with BESS operations
  • Advise on market operations matters, including scheduling (QSE) agreements and day-to-day commercial issues
  • Provide legal guidance on trading activities, risk frameworks, and commercial decision-making across energy and ancillary products
  • Support a wide range of legal work across development, construction, finance, M&A, and corporate matters
  • Manage external counsel and oversee legal spend


Preferred Skills & Experience

  • In-house experience preferred
  • Strong experience with origination, offtake transactions, and power trading activities
  • Comfortable operating in ambiguous, fast-paced environments
  • Willingness to take on multiple responsibilities based on business needs
  • Strong collaboration skills with small, dynamic teams
  • High level of ownership, initiative, and ability to deliver under tight timelines
  • Flexibility to work outside standard business hours when needed
  • Preferred familiarity with:
  • Energy storage and renewable technologies
  • Power markets, including generation and transmission


Qualifications

  • Bachelor’s degree and Juris Doctor (JD) required
  • Licensed to practice law in the relevant jurisdiction
  • 5–10 years of legal experience

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