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Commercial & Regulatory Attorney (Power & Markets)

Job Description

About Applied Digital:

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.

Position Summary:

The Commercial & Regulatory Attorney is the company’s lead transactional and regulatory counsel, responsible for negotiating and managing all contracts that underpin the development, construction, and operation of energy infrastructure assets. This includes PPAs, tolling agreements, EPC contracts, interconnection agreements, O&M agreements, and fuel supply arrangements.

In addition to transactional leadership, this role oversees regulatory compliance across FERC, NERC, and RTO/ISO jurisdictions—ensuring the company remains aligned with evolving market requirements and maintaining commercial defensibility in a fast-moving IPP environment.

This is a hands-on, execution-focused legal role ideal for an attorney who can redline quickly, manage multiple fast-paced transactions, and protect enterprise value in a lean, high-growth environment.

Key Responsibilities:

Commercial Contracting

  • Draft, review, and negotiate all major project and commercial agreements, including:
  • Power Purchase Agreements (PPAs)
  • Tolling Agreements
  • EPC Agreements
  • O&M Agreements (third-party)
  • Interconnection Service Agreements (ISAs)
  • Fuel Supply & Transportation Agreements
  • Ensure contractual terms align with pricing models, project economics, risk allocation, and execution strategy.
  • Maintain strong coordination with Commercial and Development teams to ensure contract structures support commercial assumptions and technical design.

Interconnection & Regulatory

  • Oversee interconnection agreements, queue coordination, and related regulatory filings.
  • Advise on RTO/ISO rules (MISO ), tariff considerations, congestion impacts, and market design changes.
  • Monitor developments from FERC, NERC, and state regulatory bodies, recommending compliance strategies or commercial adjustments where needed.
  • Guide cross-functional teams through regulatory processes impacting timelines, economics, or project viability.

Deal Execution & Transaction Support

  • Partner with Commercial (Market Fundamentals & Structuring) to ensure contract terms reflect economic modeling and risk positions.
  • Work closely with Development to align EPC contracts, interconnection terms, and technical requirements.
  • Prepare and negotiate term sheets, LOIs, NDAs, and redlines with speed and accuracy.
  • Support lender, investor, and offtaker diligence processes from a commercial and regulatory perspective.

Governance & Risk Management

  • Maintain internal contract templates, standards, and approval workflows.
  • Identify and mitigate legal, commercial, and regulatory risks across the portfolio.
  • Manage external counsel for specialized matters (environmental, litigation, tax, etc.).
  • Advise executive leadership on regulatory strategy, compliance requirements, and risk exposure.

Basic Qualifications:

  • Juris Doctor (JD) with active bar membership in any U.S. jurisdiction; eligible for in-house/corporate counsel registration as required.
  • 6–12 years of experience in energy transactional work at a major law firm, utility, IPP, or energy developer.
  • Significant experience drafting and negotiating PPAs, EPC agreements, tolling arrangements, and interconnection documentation.
  • Strong familiarity with FERC, NERC, and RTO/ISO market structures and regulatory processes.
  • Demonstrated ability to manage multiple simultaneous transactions in a fast-paced environment.
  • Exceptional redlining and drafting skills with rapid turnaround capability.

Please note that Applied Digital is currently unable to sponsor new applicants for employment authorization or provide immigration-related support for this position. This includes, but is not limited to, visa categories such as H-1B, F-1 OPT, F-1 STEM OPT, F-1 CPT, J-1, TN, E-2, E-3, L-1, O-1, and any Employment Authorization Documents (EADs) or other work authorizations that require employer sponsorship.

The company has reviewed this job description to ensure that essential functions and basic duties have been included. It is intended to provide guidelines for job expectations and the employee's ability to perform the position described. It is not intended to be construed as an exhaustive list of all functions, responsibilities, skills and abilities. Additional functions and requirements may be assigned by supervisors as deemed appropriate. This document does not represent a contract of employment, and the company reserves the right to change this job description and/or assign tasks for the employee to perform, as the company may deem appropriate.

This job description in no way states or implies that these are the only duties to be performed by the employee(s) incumbent in this position. Employees will be required to follow any other job-related instructions and to perform any other job-related duties requested by any person authorized to give instructions or assignments. All duties and responsibilities are essential functions and requirements and are subject to possible modification to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbents acknowledge that they possess the skills, aptitudes, and abilities to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat or significant risk to the health or safety of themselves or others. This document does not create an employment contract, implied or otherwise, other than an “at will” relationship.

The company is an Equal Opportunity Employer, drug free workplace, and complies with ADA regulations as applicable.