Review Vacancy
AgencyPublic Service, Department of
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $126808 to $153699 Annually
Minimum Qualifications Candidates must have a law degree and five years of experience as an attorney in any combination of the following:
• In a governmental regulatory agency, analyzing applications and petitions for agency action, including areas such as analyzing legal issues, drafting orders, and researching and interpreting complex areas of regulatory law.
• Practicing in general administrative, energy or environmental law, analyzing legal issues, litigating agency cases, and researching and interpreting complex areas of regulatory law.
• Coordinating all hard rule making, including taking rulemaking products from the Notice of Proposed Rulemaking stage to final adoption stage.
• Providing legal advice on procurement and other contracts.
• Providing legal advice related to the review and resolution of consumer appeals.
Must be admitted to the New York State Bar.
Duties Description The Assistant Counsel, NS-31, will work in the DPS Long Island Office (LIO), primarily working on issues directly related to the Long Island Power Authority (LIPA) and its service provider, Public Service Enterprise Group Long Island (PSEG LI). The incumbent will be required to become conversant in the governing statute and a unique and complex utility organizational structure with significant contractual agreements. Specifically, significant knowledge of the Public Service Law (PSL), Public Authorities Law and the contract for services between PSEG LI and LIPA will be required. The incumbent will have an understanding of capital planning, budgeting, project management, finance, and ratemaking and will also assist in developing innovative legal strategies that make PSEG LI accountable to a regulatory process, although they are not directly regulated by the Department. Under the direction of the Deputy Director of the LIO, duties include, but are not limited to:
• Conducting legal analyses of issues related to the operations and terms and conditions of service of, and rates and budgets established by, LIPA and/or its service provider, PSEG LI.
• Reviewing LIPA/PSEG LI proposals and developing recommendations designed to ensure that LIPA/PSEG LI provide safe and adequate transmission and distribution service with rates set at the lowest level consistent with sound fiscal operating practices and consistent with ensuring that revenue requirements related to rate review are sufficient to satisfy LIPA’s obligations with respect to its bonds, notes, and all other contracts. Participating on staff teams assigned to review LIPA/PSEG LI rate proposals.
• Assisting with Department staff investigation, discovery, and other preparations and presentations in rate proceedings set for hearings before Administrative Law Judges, as well as negotiations associated therewith, and analyzing issues, applying the law, assisting with the conduct of hearings including cross examination of witnesses, and preparing legal briefs.
• Analyzing applications and petitions for Public Service Commission (Commission) action on (i) utility requests for rate increases, tariff changes, and related matters, (ii) application for major transmission projects, most of which are related to delivering clean energy to load, and/or (iii) major policy initiatives related to implementation of the Climate Leadership and Community Protection Act (CLCPA), including achieving the State’s renewables and energy efficiency goals, gas transition, and electric vehicle charging.
• Researching and interpreting complex areas of regulatory law, Commission decisions, and business as well as economic policies.
• Preparing memoranda on legal issues related to actions of LIPA, PSEG LI, and the Commission.
• Ensuring that Commission processes are carried out lawfully in conformance with the procedural requirements of the Public Service Law, the State Administrative Procedure Act, the CLCPA, the State Environmental Quality Review Act, and the Public Officers Law.
• Advising other divisions, as needed, on legal aspects of pending cases.
• Researching and interpreting complex areas of regulatory law, Commission decisions, and economic policies, and working with staff teams to prepare draft orders related to the same.
• Coordinating and providing legal advice to staff teams (accountants, engineers, economists, and other experts) and assisting in the development of issues in cases and playing a lead role in drafting Commission orders.
Additional Comments About the Department:
The primary mission of the New York State Department of Public Service (DPS or Department) is to ensure affordable, safe, secure, and reliable access to electric, gas, steam, telecommunications, and water services for New York State’s residential and business consumers, at just and reasonable rates, while protecting the natural environment. The Department also seeks to stimulate effective competitive markets for clean, renewable, and distributed energy resources that benefit New York consumers, as well as product and service innovations.
Salary will be commensurate with experience. The above salary range reflects the Downstate Adjustment of $3,087. This is an appointment to a position in the exempt jurisdictional class. As such, the incumbent of this position would serve at the pleasure of the appointing authority. Appointment to this position is contingent upon Division of Budget approval.
Equal Opportunity Employer:
The Department of Public Service is committed to equal employment opportunity regardless of race, color, ancestry, religion, sex, national origin, sexual orientation, age, citizenship, marital status, disability, gender identity, or Veteran status. We also consider qualified applicants regardless of criminal histories, consistent with legal requirements. If you have a disability or special need that requires accommodation, please let us know by contacting the Designee for Reasonable Accommodations (DRA) and Americans with Disabilities Act Coordinator which can be found under the Accessibility Link on the Department’s webpage at https://dps.ny.gov.
Some positions may require additional credentials or a background check to verify your identity.